A 


’eNT of commerce and labor 

BUREAU OF IMMIGRATION 


TREATY, LAWS, 


9 


AND 


REGULATIONS 


GOVERNING THE 


ADMISSION OF CHINESE 


REGULATIONS APPROVED FEBRUARY 5, 1906 



WASHINGTON 

GOVERNMENT PRINTING OFFICE 

1906 















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Department of Commerce and Labor 

Document No. 54 

i i 

BUREAU OF IMMIGRATION 


T t v f.rartBier 

Ml 17 1909 



TREATY CONCERNING THE IMMIGRATION OF CHINESE. 


TREATY BETWEEN THE UNITED STATES AND CHINA, 18 f 0 ovember 17, 
CONCERNING IMMIGRATION. ~ L ~ ■ ooc 

22 fet&t., 826. 

[Concluded November 17,1880; ratification advised by the Senate May 5,1881; ratified 
by the President May 9, 1881; ratifications exchanged July 19, 1881; proclaimed 
October 5, 1881.] 

By the President of the United States of America. 

A PROCLAMATION. 

Whereas a Treaty between the United States of America Proclamation, 
and China, for the modification of the existing treaties 
between the two countries, by providing for the future 
regulation of Chinese immigration into the United States, 
was concluded and signed at Peking in the English and 
Chinese languages, on the seventeenth day of November 
in the year of our Lord one thousand eight hundred and 
eighty, the original of the English text of which Treaty is 
word for word as follows: 

Whereas, in the eighth year of Hsien Feng, Anno Domini Preamble. 
1858, a treaty of peace and friendship was concluded be¬ 
tween the United States of America and China, and to 
which were added, in the seventh year of Tung Chih, Anno 
Domini 1868, certain supplementary articles to the advan¬ 
tage of both parties, which supplementary articles were to 
be perpetually observed and obeyed:—and 

Whereas the Government of the United States, because 
of the constantly increasing immigration of Chinese laborers 
to the territory of the United States, and the embarrass¬ 
ments consequent upon such immigration, now desires to 
negotiate a modification of the existing Treaties which 
shall not be in direct contravention of their spirit:— 

Now, therefore, the President of the United States of parties racting 
America has appointed James B. Angell, of Michigan, 

John F. Swift, of California, 'ind William Henry Trescot, 
of South Carolina as his Commissioners Plenipotentiary; 
and His Imperial Majesty, the Emperor of China, has 


3 




4 TREATY OF NOVEMBER 17, 1880. 

appointed Pao Chun, a member of His Imperial Majest} r ’s 
Privy Council, and Superintendent of the Board of Civil 
Office; and Li Hungtsao, a member of His Imperial 
Majesty’s Privy Council, as his Commissioners Plenipo¬ 
tentiary; and the said Commissioners Plenipotentiary, 
having conjointly examined their full powers, and having 
discussed the points of possible modification in existing 
Treaties, have agreed upon the following articles in modi¬ 
fication. 

Article I. 

borers 1 ese limita- Whenever in the opinion of the Government of the 
pension^ ?m- United States the coming of Chinese laborers to the United 
migration of. States, or their residence therein, affects or threatens to 
affect the interests of that country, or to endanger the 
good order of the said country or of any locality within 
the territory thereof, the Government of China agrees 
that the Government of the United States may regulate, 
limit, or suspend such coming or residence, but may not 
absolutely prohibit it. a The limitation or suspension shall 
, be reasonable, and shall apply only to Chinese who may 
go to the United States as laborers, other classes not being 
included in the limitations. Legislation taken in regard 
to Chinese laborers will be of such a character only as is 
necessary to enforce the regulation, limitation, or suspen¬ 
sion of immigration, and immigrants shall not be subject 
to personal maltreatment or abuse. 


Article II. 


Chinese sub¬ 
jects in the 
United States. 


Chinese subjects, whether proceeding to the United 
States as teachers, students, merchants or from curiosity, 
together with their body and household servants, and Chi¬ 
nese laborers who are now in the United States shall be 
allowed to go and come of their own free will and accord, 
and shall be accorded all the rights, privileges, immuni¬ 
ties, and exemptions which are accorded to the citizens 
and subjects of the most favored nation. 


Article III. 

Jd^pnwilges U 5 Chinese laborers, or Chinese of any other class, now 
either permanently or temporarily residing in the terri¬ 
tory of the United States, meet with illtreatment at the 


a Amended by various provisions of law prohibiting the admission 
of Chinese laborers to the United States. 



TREATY OF NOVEMBER 17, 1880. 


5 


hands of any other persons, the Government of the U nited 
States will exert all its power to devise measures for their 
protection and to secure to them the same rights, privi¬ 
leges, immunities, and exemptions as may be enjoyed by 
the citizens or subjects of the most favored nation, and to 
which they are entitled by treaty. 

Article IV. 

The high contracting powers having agreed upon the } future legis- 
foregoing articles, whenever the Government of the 
United States shall adopt legislative measures in accord¬ 
ance therewith, such measures will be communicated to 
the Government of China. If the measures as enacted 
are found to work hardship upon the subjects of China, 
the Chinese minister at Washington may bring the matter 
to the notice of the Secretary of State of the United 
States, who will consider the subject with him; and the 
Chinese Foreign Office may also bring the matter to the 
notice of the United States minister at Peking and con¬ 
sider the subject with him, to the end that mutual and 
unqualified benefit may result. 

In faith whereof the respective Plenipotentiaries have 
signed and sealed the foregoing at Peking, in English and 
Chinese being three originals of each text of even tenor 
and date, the ratifications of which shall be exchanged at 
Peking within one year from date of its execution. 

Done at Peking, this seventeenth day of November, irl 
the year of our Lord, 1880. Kuanghsii, sixth year, tenth 


moon, fifteenth day. signatures. 

James B. Angell. [seal.] 

John F. Swift. [seal.] 

Wm. Henry Trescot. [seal.] 

Pao Chun. [seal.] 

Li Hungtsao. [seal.] 


And whereas the said Treaty has been duly ratified on Proclamation, 
both parts and the respective ratifications were exchanged 
at Peking on the 19th day of July 1881: 

Now, therefore, be it known that I, Chester A. Arthur, 

President of the United States of America, have caused 
the said Treaty to be made public to the end that the san\e 
and every article and clause thereof may be observed and 
fulfilled with good faith by the United States and the 
citizens thereof. 


6 


TREATY OF NOVEMBER 17, 1880. 


In witness whereof, I have hereunto set my hand and 
caused the seal of the United States to be affixed. 

Done in Washington this fifth day of October in the 
y ear of our Lord one thousand eight hundred and eighty- 
one, and of the Independence of the United States the 
one hundred and sixth. 

[seal.] CHESTER A. ARTHUR, 

By the President: 

James G. Blaine, 

Secretary of State. 



LAWS RELATING TO THE ADMISSION OF CHINESE. 


ACT OF MAY 6, 1882, AS AMENDED AND ADDED TO 

BY ACT OF JUDY 5, 1884.« 

(22 Stat., p. 58; 23 Stat., p. 115.) 

AN ACT to amend an act entitled “An act to execute certain treaty 
stipulations relating to Chinese, approved May sixth, eighteen hun¬ 
dred and eighty-two.” 

Be it enacted by the Senate and House of Representa¬ 
tives of the United States of America in Congress assem¬ 
bled , That section one of the act entitled “An act to exe¬ 
cute certain treaty stipulations relating- to Chinese,” ap¬ 
proved May sixth, eighteen hundred and eighty-two, is 
hereby amended so as to read as follows: 

“Whereas in the opinion of the Government of the Preamble. 
United States the coming of Chinese laborers to this coun¬ 
try endangers the good order of certain localities within 
the territory thereof; Therefore 

u Be it enacted by the Senate and House of Representa¬ 
tives of the United States of America in Congress assem¬ 
bled, That from and after the passage of this act, and^Jgjod of 
until the expiration of ten years next after the passage of 
this act, the commg of Chinese laborers to the United 
States be, and the same is hereby suspended, and during 
such suspension it shall not be lawful for any Chinese 
laborer to come from any foreign port or place, or having 
so come to remain within the United States." 

Section two of said act is hereby amended so as to read 
as follows: 

“Sec. 2. That the master of any vessel who shall know- Liability 

** master o f 

ingly bring within the United States on such vessel, andsei. 

a The act of May 6, 1882, as amended and added to by the act of 
July 5, 1884, was continued in force for an additional period of ten 
years from May 5, 1892, by the act of May 5, 1892 (27 Stat., p. 25); 
and was, with all laws on this subject in force on April 29, 1902, re¬ 
enacted, extended, and continued without modification, limitation, or 
condition by the act of April 29, 1902 (32 Stat., p. 176), as amended 
by the act of April 27, 1904 (33 Stat., p. 428). 


ex- 


o f 
ves- 


18219—06-2 


7 





8 


ACT OF 1882-1884 


Exceptions— 
resident labor¬ 
ers. 


land, or attempt to land, or permit to be landed any Chi¬ 
nese laborer, from any foreign port or place, shall be 
deemed guilty of a misdemeanor, and, on conviction there¬ 
of, shall be punished by a tine of not more than five hun¬ 
dred dollars for each and every such Chinese laborer so 
brought, and may also be imprisoned for a term not ex¬ 
ceeding one year.” 

Section three of said act is hereby amended so as to read 
as follows: 

“Sec. 3. That the two foregoing sections shall not ap- 
ply to Chinese laborers who were in the United States on 
the seventeenth day of November, eighteen hundred and 
eighty, or who shall have come into the same before the 
expiration of ninety days next after the passage of the act 
to which this act is amendatory, nor shall said sections 
apply to Chinese laborers, who shall produce to such mas¬ 
ter before going on board such vessel, and shall produce 


to the collector of the port in the United States at which 
such vessel shall arrive, the evidence hereinafter in this 
act required of his being one of the laborers in this section 
vessel in dis- mentioned; nor shall the two foregoing sections apply to 

I 

the case of any master whose vessel, being bound to a port 
not within the United States, shall come within the juris¬ 
diction of the United States by reason of being in distress 
or in stress of weather, or touching at any port of the 
United States on its voyage to any foreign port or place: 
Provided: That all Chinese laborers brought on such ves¬ 
sel shall not be permitted to land except in case of abso¬ 
lute necessity, and must depart with the vessel on leaving 
port.” 


Note. —Sections 4 and 5, which follow, have been superseded by the 
act of September 13, 1888, post. 


Section four of said act is hereby amended so as to read 
as follows: 


Chinese labor- u Sec. 4. That for the purpose of properly identifying 
s ta t es — how Chinese laborers who were in the United States on the 

Amended by act seventeenth day of November, eighteen hundred and 
a/sept. is,i888. or w q 0 s } ia q p aye come i n t 0 the same before the 


expiration of ninety days next after the passage of the act 
to which this act is amendatory, and in order to furnish 
them with the proper evidence of their right to go from 
and come to the United States as provided by the said act 
and the treaty between the United States and China dated 


November seventeenth, eighteen hundred and eighty, the 


ACT OF 1882-1884. 


9 


Chinese inspector in charge of the district from which any 
such Chinese laborer shall depart from the United States 
shall, in person or by deputy, go on board each vessel hav¬ 
ing on board any such Chinese laborer, and cleared or 
about to sail from his district for a foreign port, and on 
such vessel make a list of all such Chinese laborers, which collector to 

. 5 make list of de- 

shall be entered in registry books, to be kept for that pur- parting laborers. 

pose in which shall be stated the individual, family, and 
tribal name in full, the age, occupation, when and where 
followed, last place of residence, physical marks or pecul¬ 
iarities, and all facts necessary for the identification of each 
of such Chinese laborers, which books shall be safely kept 
in the custom-house; and every such Chinese laborer so 
departing from the United States shall be entitled to and 
shall receive, free of any charge or cost upon application 
therefor, from the Chinese inspector in charge or his dep- * 
uty, in the name of said inspector and attested by said 
inspector’s seal of office, at the time such list is taken, a 
certificate, signed by the said inspector or his deputy and P^ifl^etobe 
attested by his seal of office, in such form as the Secretary 
of Commerce and Labor shall prescribe, which certificate 
shall contain a statement of the individual, family, and 
tribal name in full, age, occupation, when and where fol¬ 
lowed, of the Chinese laborer to whom the certificate is 
issued, corresponding with the said list and registry in all 
particulars. 

JL 

“In case any Chinese laborer, after having received such 
certificate, shall leave such vessel before her departure, he 
shall deliver his certificate to the master of the vessel; 
and if such Chinese laborer shall fail to return to such 
vessel before her departure from port, the certificate shall 
be delivered by the master to the collector of customs for 
cancellation. 

“The certificate herein provided for shall entitle the Chi¬ 
nese laborer to whom the same is issued to return to and 
reenter the United States upon producing and delivering 
the same to the Chinese inspector in charge of the district 
at which such Chinese laborer shall seek to reenter, and said 
certificate shall be the only evidence permissible to estab- be C sJie fi e C vi| e nce 
lish his right of reentry; and upon delivering of such ofri ^ htt0enter - 
certificate by such Chinese laborer to the said inspector 
at the time of reentry in the United States, said inspector 
shall cause the same to be filed in the custom-house and 
duly canceled.'’ 


10 


ACT OF 1882-1884. 


Certificate. 


Persons other 
than laborers. 


iand parture by S EC - 5. That an}" Chinese laborer mentioned in section 
ofi?pt l( is d i888 Cl ^ ouv ac t being in the United States, and desiring 

to depart from the United States by land, shall have the 
right to demand and receive, free of charge or cost, a cer¬ 
tificate of identification similar to that provided for in 
section four of this act to be issued to such Chinese labor¬ 
ers as may desire to leave the United States by water; and 
it is hereby made the duty of the Chinese inspector in 
charge of the district next adjoining the foreign country 
to which said Chinese laborer desires to go to issue such 
certificate, free of charge or cost, upon application by 
such Chinese laborer, and to enter the same upon registry- 
books to be kept by him for the purpose, as provided for 
in section four of this act. 

Section six of said act is hereby amended so as to read 
as follows: 

“Sec. 6 . That in order to the faithful execution of the 
provisions of this act, every Chinese person, other than a 
laborer, who may be entitled by said treaty or this act to 
come within the United States, and who shall be about to 
Permission and come to the United States, shall obtain the permission of 

identification by . . 7 /■ 

Chinese Govern- a nd be identified as so entitled by the Chinese Govern¬ 
ment. . *' 

ment, or of such other foreign government of which at 
the time such Chinese person shall be a subject, in each 
case to be evidenced by a certificate issued by such Gov¬ 
ernment, which certificate shall be in the English lan¬ 
guage, and shall show such permission, with the name of 
the permitted person in his or her proper signature, and 
which certificate shall state the individual, family, and 
tribal name in full, title or official rank, if any, the age, 
height, and all physical peculiarities, former and present 
occupation or profession, when and where and how long 
pursued, and place of residence of the person to whom 
the certificate is issued, and that such person is entitled 
by this act to come within the United States. 

“ If the person so applying for a certificate shall be a 
merchant, said certificate shall, in addition to above re¬ 
quirements, state the nature, character, and estimated 
value of the business carried on by him prior to and at 
the time of his application as aforesaid: Provided That 
nothing in this act nor in said treaty shall be construed as 
embracing within the meaning of the word 6 merchant,’ 
hucksters, peddlers, or those engaged in taking, drying, 
or otherwise preserving shell or other fish for home con¬ 
sumption or exportation. 


Certificate. 


Merchants. 


ACT OF 1882-1884. 


11 


k * If the certificate be sought for the purpose of travel for Travelers, 
curiosity, it shall also state whether the applicant intends 
to pass through or travel within the United States, to¬ 
gether with his financial standing in the country from 
which such certificate is desired. 

wi The certificate provided for in this act, and the identity 
of the person named therein shall, before such person 
goes on board any vessel to proceed to the United States, 
be viseed by the indorsement of the diplomatic repre- consular vis6. 
sentatives of the United States in the foreign country 


from which such certificate issues, or of the consular rep¬ 
resentative of the United States at the port or place from 
which the person named in the certificate is about to 
depart; and such diplomatic representative or consular 
representative whose indorsement is so required is hereby 
empowered, and it shall be his duty, before indorsing such 
certificate as aforesaid, to examine into the truth of the 
statements set forth in said certificate, and if he shall 
find upon examination that said or any of the statements 
therein contained are untrue it shall be his duty to refuse 
to indorse the same. 

1,4 Such certificate viseed as aforesaid shall be prima facie certificate 

r pnma facie evi- 

evidence ot the tacts set forth therein, and shall be pro- den ? e against 

7 ^United States 

duced to the Chinese inspector in charge of the port in the and sol f , evi - 

. 1 ° r dence for holder. 

district in the United States at which the person named 
therein shall arrive, and afterward produced to the proper 
authorities of the United States whenever lawfully de¬ 
manded, and shall be the sole evidence permissible on the 
part of the person so producing the same to establish a right 
of entry into the United States; but said certificate may be 
controverted and the facts therein stated disproved by the 
United States authorities.” 

Sec. 7. That any person who shall knowingly and 
falsely alter or substitute any name for the name written tificates 
in such certificate or forge any such certificate, or know¬ 
ingly utter any forged or fraudulent certificate, or falsely 
personate any person named in any such certificate, shall 
be deemed guilty of a misdemeanor; and upon conviction 
thereof shall be fined in a sum not exceeding one thousand 
dollars, and imprisoned in a penitentiary for a term of 
not more than five years. 

Section eight* of said act is hereby amended so as to 
read as follows: 

44 Sec. 8. That the master of any vessel arriving in the se f a to 6r f 0 u f r S 
United States from any foreign port or place shall, at the SU r g* st of pas ' 


Penal tie s — 
fraudulent cer- 


12 


ACT OF 1882-1884. 


Penalty. 


same time he delivers a manifest of the cargo, and if there 
be no cargo, then at the time of making a report of the 
entry of the vessel pursuant to law, in addition to the 
other matter required to be reported, and before landing, 
or permitting to land, any' Chinese passengers, deliver 
and report to the Chinese inspector in charge of the district 
in which such vessels shall have arrived a separate list of all 
Chinese passengers taken on board his vessel at any for¬ 
eign port or place, and all such passengers on board the 
vessel at that time. Such list shall show the names of 
such passengers (and if accredited officers of the Chinese 
or of any other foreign Government, traveling on the 
business of that Government, or their servants, with a 
note of such facts), and the names and other particulars 
as shown by their respective certificates; and such list 
shall be sworn to by the master in the manner required by 
law in relation to the manifest of the cargo. 

“Any refusal or willful neglect of any such master to 
comply with the provisions of this section shall incur the 
same penalties and forfeiture as are provided for a re¬ 
fusal or neglect to report and deliver a manifest of the 




Collector to ex¬ 
amine and com¬ 
pare certificates 
and lists. 


Liability of 
vessel. 

Persons aiding 
or abetting un¬ 
lawful entry. 


Unlawful land¬ 
ing-penalty. 


cargo 

Sec. 9. That before any Chinese passengers are landed 
from any such vessel, the Chinese inspector in charge, or his 
deputy, shall proceed to examine such passengers, compar¬ 
ing the certificates with the list and with the passengers; 
and no passenger shall be allowed to land in the United 
States from such vessel in violation of law. 

Section ten of said act is hereby amended so as to read 
as follows: 

“Sec. 10. That every vessel whose master shall know¬ 
ingly violate any of the provisions of this act shall be 
deemed forfeited to the United States, and shall be liable 
to seizure and condemnation in any district of the United 
States into which such vessel may enter or in which she 
may be found.” 

Section eleven of said act is hereby amended so as to 
read as follows: 

“Sec. 11. That any person who shall knowingly bring 
into or cause to be brought into the United States by land, 
or who shall aid or abet the same, or aid or abet the land¬ 
ing in the United States from any vessel, of any Chinese 
person not lawfully entitled to enter the United States, 
shall be deemed guilty of a misdemeanor, and shall on 
conviction thereof, be fined in a sum not exceeding one 


ACT OF 1882-1884. 


13 


thousand dollars, and imprisoned for a term not exceeding 
one year.’ 1 

Section twelve of said act is hereby amended so as to 
read as follows: 

“Sec. 12. That no Chinese person shall be permitted to 
enter the United States by land without producing to the 
proper Chinese inspector the certificate in this act required 
of Chinese persons seeking to land from a vessel. 

“And any Chinese person found unlawfully within the 
United States shall be caused to be removed therefrom to 
the country from whence he came, and at the cost of the 
United States, after being brought before some justice, 
judge, or commissioner of a court of the United States 
and found to be one not lawfully entitled to be or to 
remain in the United States; and in all such cases the 
person who brought or aided in bringing such person to 
the United States shall be liable to the Government of the 
United States for all necessary expenses incurred in such 
investigation and removal; and all peace officers of the 
several States and Territories of the United States are 
hereb}^ invested with the same authority as a marshal or 
United States marshal in reference to carrying out the 
provisions of this act or the act of which this is amenda- 
tory, as a marshal or deputy marshal of the United States, 
and shall be entitled to like compensation to be audited 
and paid by the same officers. 

“And the United States shall pay all costs and charges 
for the maintenance and return of any Chinese person 
having the certificate prescribed by law as entitling such 
Chinese person to come into the United States who may 
not have been permitted to land from any vessel by reason 
of any of the provisions of this act. 1 ’ 

Section thirteen of said act is hereby amended so as to 
read as follows: 

“Sec. 13. That this act shall not apply to diplomatic 
and other officers of the Chinese or other Governments 
traveling upon the business of that Government, whose 
credentials shall be taken as equivalent to the certificate 
in this act mentioned, and shall exempt them and their 
body and household servants from the provisions of this 
act as to other Chinese persons. ” 

Sec. 14. That hereafter no State court or court of the 
United States shall admit Chinese to citizenship; and all 
laws in conflict with this act are hereby repealed. 


Entry by land. 


Deportation. 


Amended by act 
of May 5,1882. 


Liability for 
expenses of re¬ 
moval. 


Authority of 
State officers. 


Cost of main¬ 
tenance and re¬ 
turn of person 
having required 
certificate. 


Diplomat] c 
officers exempt. 


Naturalization 
of Chinese pro¬ 
hibited. 


14 


ACTS OF 1882-1884 AND 1888. 


Section fifteen of said act is hereby amended so as to 
read as follows: 


Act applicable 
to “Chinese” 
generally. 


—“laborers.” 

Amended by act 
of Nov. S, 1893. 


u Sec. 15. That the provisions of this act shall apply to 
all subjects of China and Chinese, whether subjects of 
China or any other foreign power; and the words Chinese 
laborers, wherever used in this act shall be construed to 
mean both skilled and unskilled laborers and Chinese 


employed in mining.” 

penalties forgot Sec. 16. That any violation of any of the provisions of 

vided Wlse pr ° this act, or of the act of which this is amendatory, the 
punishment of which is not otherwise herein provided for, 
shall be deemed a misdemeanor, and shall be punishable 
by fine not exceeding one thousand dollars, or by impris¬ 
onment for not more than one year, or both such fine and 


imprisonment. 


Not to affect 
proceedings un¬ 
der former act. 


Sec. 17. That nothing contained in this act shall be con¬ 
strued to affect any prosecution or other proceeding crimi¬ 
nal or civil, begun under the act of which this is amendatory; 
but such prosecution or other proceeding, criminal or civil, 
shall proceed as if this act had not been passed. 

Approved, July 5, 1884. 


ACT OF SEPTEMBER 13, 1888. 

(25 Stat., pp. 476-477.) 

AN ACT To prohibit the coming of Chinese laborers to the United 

States. 


* 


* 


* 


* 


* 


Return of la¬ 
borers prohib¬ 
ited. 


Exceptions — 
wife, child, or 

K arent resident 
ere. 


Property o r 
chos r *8 in action 
of value of $1,000 
here. 


Time of mar¬ 
riage. 


Sec. 5. That from and after the passage of this act, no 
Chinese laborer in the United States shall be permitted, 
after having left, to return thereto, except under the con¬ 
ditions stated in the following sections. 

Sec. 6. That no Chinese laborer within the purview of 
the preceding section shall be permitted to return to the 
United States unless he has a lawful wife, child, or parent 
in the United States, or property therein of the value of 
one thousand dollars, or debts of like amount due him and 
pending settlement. 

The marriage to such wife must have taken place at 
l'east a year prior to the application of the laborer for a 
permit to return to the United States, and must have been 
followed by the continuous cohabitation of the parties as 
man and wife. 



ACT OF 1888. 


15 


If the right to return be claimed on the ground of prop- Property and 

^ _ c i i , . ,, , ° 1 r choses in action 

eity or of debts, it must appear that the property is bonaj£, u e st be bona 
tide and not colorably acquired for the purpose of evading 
this act, or that the debts are unascertained and unsettled, 
and not promissory notes or other similar acknowledo*- Promissory 
ments of ascertained liability. Sent es insuffi ' 

Sec. 7. That a Chinese person claiming the right to be Identificati o n 
permitted to leave the United States and return thereto on borer g 
any of the grounds stated in the foregoing section, shall 
apply to the Chinese inspector in charge of the district from 
which he wishes to depart at least a month prior to the 


time of his departure, and shall make on oath before the 
said inspector a full statement descriptive of his family, or 
property, or debts, as the case may be, and shall furnish 
to said inspector such proofs of the facts entitling him to 
return as shall be required by the rules and regulations 
prescribed from time to time by the Secretary of Com¬ 
merce and Labor, and for any false swearing in relation 
thereto he shall incur the penalties of perjury. 

He shall also permit the Chinese inspector in charge to 
take a full description of his person, which description 
the collector shall retain and mark with a number. 

And if the said inspector, after hearing the proofs and certificate, 
investigating all the circumstances of the case, shall decide 
to issue a certificate of return, he shall at such time and 
place as he may designate, sign and give to the person ap- 
plying a certificate containing the number of the descrip¬ 
tion last aforesaid, which shall be the sole evidence given —to be sole evi- 

: . . ° dence given of 

to such person of his right to return. right to return. 

If this last-named certificate be transferred, it shall be-—not, to be 

• i it • . transferred. 

come void, and the person to whom it was given shall for¬ 
feit his right to return to the United States. 

The right to return under the said certificate shall be Limitation— 

° . extension m case 

limited to one year; but it may be extended for an addi- of ^sickness or 
tional period, not to exceed a year, in cases where, by rea¬ 
son of sickness or other cause of disability beyond his 
control, the holder thereof shall be rendered unable sooner 
to return, which facts shall be fully reported to and inves¬ 
tigated by the consular representative of the United States 
at the port or place from which such laborer departs for certificate of 
the United States, and certified by such representative of ability, 
the United States to the satisfaction of the Chinese in¬ 
spector in charge at the port where such Chinese person 
shall seek to land in the United States, such certificate to 


18219—06-3 



16 


ACT OF 1888. 


Return certifi¬ 
cate indispensa¬ 
ble. 


Laborer to be 
admitted only at 

E ort from which 
e departed. 


Chinese m a y 
enter only at cer¬ 
tain ports. 


Secretary o f 
Commerce and 
Labor to pre¬ 
scribe regula¬ 
tions. 


—and form of 
certificates. 


Deposit of 
photographs. 


Violation o f 
act by master 
of vessel. 


Penalty. 


be delivered by said representative to the master of the 
vessel on which he departs for the United States. 

And no Chinese laborer shall be permitted to re-enter 
the United States without producing to the proper officer 
in charge at the port of such entry the return certificate 
herein required. A Chinese laborer possessing a certifi¬ 
cate under this section shall be admitted to the United 
States only at the port from which he departed therefrom, 
and no Chinese person, except Chinese diplomatic or con¬ 
sular officers, and their attendants, shall be permitted to 
enter the United States except at the ports of San Fran¬ 
cisco, Portland, Oregon, Boston, New York, New Orleans, 
Port Townsend, or such other ports as may be designated 
by the Secretary of Commerce and Labor. 

Sec. 8. That the Secretary of Commerce and Labor 
shall be, and he hereby is, authorized and empowered to 
make and prescribe, and from time to time to change and 
amend such rules and regulations, not in conflict with this 
act, as he may deem necessary and proper to conveniently 
secure to such Chinese persons as are provided for in 
articles second and third of the said treaty between the 
United States and the Empire of China, the rights therein 
mentioned, and such as shall also protect the United States 
against the coming and transit of persons not entitled to 
the benefit of the provisions of said article. 

And he is hereby further authorized and empowered to 
prescribe the form and substance of certificates to be issued 
to Chinese laborers under and in pursuance of the provi¬ 
sions of said articles, and prescribe the form of the record 
of such certificate and of the proceedings for issuing the 
same, and he may require the deposit, as a part of such 
record, of the photograph of the party to whom any such 
certificate shall be issued. 

Sec. 9. That the master of any vessel who shall know¬ 
ingly bring within the United States on such vessel, and 
land, or attempt to land, or permit to be landed any 
Chinese laborer or other Chinese person, in contravention 
of the provisions of this act, shall be deemed guilty of a 
misdemeanor and, on conviction thereof, shall be punished 
with a fine of not less than five hundred dollars nor more 
than one thousand dollars, in the discretion of the court, 
for ever}^ Chinese laborer or other Chinese person so 
brought, and may also be imprisoned for a term of not less 
than one year, nor more than five years, in the discretion 
of the court. 


ACT OF 1888. 


17 


Sec. 10. That the foregoing section shall not apply to 
the case of any master whose vessel shall come within the 
jurisdiction of the United States in distress or under 
stress of weather, or touching at any port of the United 
States on its voyage to any foreign port or place. But 
Chinese laborers or persons on such vessel shall not be 
permitted to land, except in case of necessity, and must 
depart with the vessel on leaving port. 

Sec. 11. That any person who shall knowingly and 
falsely alter or substitute any name for the name written 
in any certificate herein required, or forge such certifi¬ 
cate, or knowingly utter any forged or fraudulent cer¬ 
tificate, or falsely personate any person named in any 
such certificate, and any person other than the one to 
whom a certificate was issued who shall falsely present 
any such certificate, shall be deemed guilty of a misde¬ 
meanor, and upon conviction thereof shall be fined in a 
sum not exceeding one thousand dollars and imprisoned 
in a penitentiary for a term of not more than five years. 

* * * * •55- 

Sec. 13. That any Chinese person, or person of Chinese 
descent, found unlawfully in the United States, or its Ter¬ 
ritories, may be arrested upon a warrant issued upon a 
complaint, under oath, filed b}^ any party on behalf of the 
United States, b} r any justice, judge, or commissioner of 
any United States court, returnable before any justice, 
judge, or commissioner of a United States court, or before 
any United States court, and when convicted, upon a hear¬ 
ing, and found and adjudged to be one not lawfully en¬ 
titled to be or remain in the United States, such person 
shall be removed from the United States to the country 
whence he came. 

But any such Chinese person convicted before a com¬ 
missioner of a United States court may, within ten days 
from such conviction, appeal to the judge of the district 
court for the district. 

A certified copy of the judgment shall be the process 
upon which said removal shall be made, and it may be 
executed b}^ the marshal of the district, or any officer hav¬ 
ing authority of a marshal under the provisions of this 
section. 

And in all such cases the person who brought or aided 
in bringing such person into the United States shall be 


Vessel in dis¬ 
tress or touching 
at port. 


Forgery of cer¬ 
tificate. 


Penalty. 


Arrest of 
Chinese unlaw¬ 
fully in United 
States. 


Deportation. 


Appeal to 
judge of dis¬ 
trict court. 


Punishment of 
person aiding. 


18 


ACTS OF 1888 AND 1892. 


— liability for 
expenses of de¬ 
portation. 

Authority o f 
State officers. 


Diplomatic and 
consular officers. 


liable to the Government of the United States for all 
necessary expenses incurred in such investigation and 
removal; and all peace officers of the several States and 
Territories of the United States are hereby invested with 
the same authority in reference to carrying out the pro¬ 
visions of this act, as a marshal or deputy marshal of the 
United States, and shall be entitled to like compensation, 
to be audited and paid by the same officers. 

Sec. 14. That the preceding sections shall not apply to 
Chinese diplomatic or consular officers or their attendants, 
who shall be admitted to the United States under special 
instructions of the Department of Commerce and Labor, 
without production of other evidence than that of personal 


identity. 

•X- * * -x- * 


Approved, September 13, 1888. 


ACT OF MAY 5, 1892. 

(27 Stat., p. 25.) 

AN ACT To prohibit the coming of Chinese persons into the United 

States. 


Extension of 
period of ex¬ 
clusion. 


Deportation 
to China. 


Deportation 
to country other 
than China. 


Proviso, in case 
of foreign tax. 


Burden of 
proof on C h i - 
nese. 


Beit enacted by the Senate and House of Representatives 
of the United States of America in Congress assembled , 

That all laws now in force prohibiting and regulating 
the coming into this country of Chinese persons and per¬ 
sons of Chinese descent are hereby continued in force for 
a period of ten years from the passage of this act. 

Sec. 2. That any Chinese person or person of Chinese 
descent, when convicted and adjudged under any of said 
laws to be not lawfully entitled to be or remain in the 
United States, shall be removed from the United States to 
China, unless he or they shall make it appear to the jus- 
tice, judge, or commissioner before whom he or they are 
tried that he or they are subjects or citizens of some other 
county, in which case he or they shall be removed from 
the United States to such country: Provided , That in any 
case where such other country of which such Chinese per¬ 
son shall claim to be a citizen or subject shall demand &ny 
tax as a condition of the removal of such person to that 
country, he or she shall be removed to China. 

Sec. 3. That any Chinese person or person of Chinese 
descent arrested under the provisions of this act or the 



ACT OF 1892. 


19 


acts hereby extended shall be adjudged to be unlawfully 
within the United States unless such person shall establish, 
by affirmative proof, to the satisfaction of such justice, 
judge, or commissioner, his lawful right to remain in the 
United States. 

Sec. 4. That any such Chinese person or person of Chi¬ 
nese descent convicted and adjudged to be not lawfully 
entitled to be or remain in the United States shall be im¬ 
prisoned at hard labor for a period of not exceeding one 
year and thereafter removed from the United States, as 
hereinbefore provided. 

Sec. 5. That after the passage of this act, on an appli¬ 
cation to any judge or court of the United States in the 
first instance for a writ of habeas corpus, by a Chinese 
person seeking to land in the United States, to whom that 
privilege has been denied, no bail shall be allowed, and 
such application shall be heard and determined promptly 
without unnecessary delay. 

Sec. 6 . And it shall be the dut}^ of all Chinese laborers 
within the limits of the United States at the time of the 
passage of this act, and who are entitled to remain in the 
United States, to apply to the collector of internal rev¬ 
enue of their respective districts, within one year after 
the passage of this act, for a certificate of residence, and 
any Chinese laborer within the limits of the United 
States who shall neglect, fail, or refuse to comply with 
the provisions of this act, or who, after one year from 
the passage hereof, shall be found within the jurisdiction 
of the United States without such certificate of residence, 
shall be deemed and adjudged to be unlawfully within 
the United States, and may be arrested by any United 
States customs official, collector of internal revenue or 
his deputies, United States marshal or his deputies, and 
taken before a United States judge, whose duty it shall 
be to order that he be deported from the United States, 
as hereinbefore provided, unless he shall establish clearly 
to the satisfaction of said judge that by reason of acci¬ 
dent, sickness or other unavoidable cause, he has been 
unable to procure his certificate, and to the satisfaction 
of the court, and by at least one credible white witness, 
that he was a resident of the United States at the time of 
the passage of this act; and if upon the hearing it shall 
appear that he is so entitled to a certificate, it shall be 
granted upon his paying the cost. 


Imprison¬ 
ment. Void. See 
Wong Wing v. U. 
S., 163 U. 8., 228. 


Writ of habeas 
corpus. 


Bail not al¬ 
lowed. 


^Registration of 
resident labor¬ 
ers. 

Amended by act 
of Nov. 3, 1893. 


Deportation. 


Excuses. 


20 


ACT OF 1892. 


Loss of certifi 
cate. 


Persons not la 
borers. 


Resident la 
borers must reg¬ 
ister. 


Arrest. 


Deportation. 


Excuses. 


Loss of certifi¬ 
cates. 


Should it appear that said Chinaman had procured a 
certificate which has been lost or destro} r ed, he shall be 
detained and judgment suspended a reasonable time to 
enable him to procure a duplicate from the officer grant¬ 
ing it, and in such cases the cost of said arrest and trial 
shall be in the discretion of the court. 

And any Chinese person, other than a Chinese laborer, 
haying a right to be and remain in the United States, 
desiring such certificate as evidence of such right, may 
apply for and receive the same without charge. 

Sec. 6 [as amended by section 1 of the act of Novem¬ 
ber 3, 1893]. And it shall be the duty of all Chinese 
laborers within the limits of the United States who were 
entitled to remain in the United States before the passage 
of the act to which this is an amendment to apply to the 
collector of internal revenue of their respective districts 
within six months after the passage of this act for a cer¬ 
tificate of residence; and any Chinese laborer within the 
limits of the United States who shall neglect, fail, or re¬ 
fuse to comply with the provisions of this act and the act 
to which this is an amendment, or who, after the expira¬ 
tion of said six months, shall be found within the jurisdic¬ 
tion of the United States without such certificate of 
residence, shall be deemed and adjudged to be unlawfully 
within the United States, and may be arrested by any 
United States customs official, collector of internal rev¬ 
enue or his deputies, United States marshal or his deputies, 
and taken before a United States judge, whose duty it shall 
be to order that he be deported from the United States, 
as provided in this act and in the act to which this is an 
amendment, unless he shall establish clearty to the satisfac¬ 
tion of said judge that by reason of accident, sickness, or 
other unavoidable cause he has been unable to procure his 
certificate, and to the satisfaction of said United States 
judge, and by at least one credible witness other than 
Chinese, that he was a resident of the United States on 
the fifth of May, eighteen hundred and ninety-two; and 
if, upon the hearing, it shall appear that he is so entitled 
to a certificate, it shall be granted upon his paying the 
cost. 

Should it appear that said Chinaman had procured a 
certificate which has been lost or destroyed, he shall be 
detained and judgment suspended a reasonable time to 
enable him to procure a duplicate from the officer granting 
it, and in such cases the cost of said arrest and trial shall 


ACT OF 1892. 


21 


be in the discretion of the court; and any Chinese nerson Persons other 

,i . . , , . J ^ ’ than laborers. 

other than a C hinese laborer, having a right to be and 
remain in the United States, desiring such certificate as 
evidence of such right, may apply for and receive the same 
without charge; and that no proceedings for a violation Proceedings 
ot the provisions ot said section six of said act of May fifth, discontinued, 
eighteen hundred and ninety-two, as originally enacted, 
shall hereafter be instituted, and that all proceedings for 
said violation now pending are hereby discontinued: 

Provided , That no Chinese person heretofore convicted F . elons cannot 

• 1 rG^istcr 

in any court of the States or Territories or of the United 
States of a felony shall be permitted to register under the 
provisions of this act; but all such persons who are now Deportation, 
subject to deportation for failure or refusal to comply 
with the act to which this is an amendment shall be de¬ 
ported from the United States as in said act and in this 
act provided, upon any appropriate proceedings now 
pending or which may be hereafter instituted. 

Sec. 7. That immediately after the passage of this act, Co s ^ retary 
the Secretary of Commerce and Labor shall make such Labor to pre- 

i it* i . scribe rules and 

rules and regulations as may be necessary for the efficient forms, 
execution of this act, and shall prescribe the necessar}^ 
forms and furnish the necessary blanks to enable collectors 
of internal revenue to issue the certificates required hereby, 
and make such provisions that certificates may be pro¬ 
cured in localities convenient to the applicants. 

Such certificates shall be issued without charge to the ti ^ 1 t t e e s ntsofcer - 
applicant, and shall contain the name, age, local residence 
and occupation of the applicant, and such other description 
of the applicant as shall be prescribed by the Secretary of 
Commerce and Labor, and a duplicate thereof shall be 
filed in the office of the collector of internal revenue for 
the district within which such Chinaman makes applica¬ 
tion. 

Sec. 8. That any person who shall knowingly and falsely Forgery, 
alter or substitute any name for the name written in such 
certificate or forge such certificate, or knowingly utter any 
forged or fraudulent certificate, or falsely personate any 
person named in such certificate, shall be guilty of a mis¬ 
demeanor, and upon conviction thereof shall be fined in a 
sum not exceeding one thousand dollars or imprisoned in 
the penitentiary for a term of not more than five years. 

* * * * * 

Approved, May 5, 1892. 


22 


ACTS OF 1893. 


Measures to 
prevent intro¬ 
duction of infec¬ 
tious and conta¬ 
gious diseases. 


“ Laborer” 
defined. 


“ Merchant ” 
defined. 


ACT OF FEBRUARY 15, 1893. 

(27 Stat., pp. 449-452.) 

AN ACT Granting additional quarantine powers and imposing ad¬ 
ditional duties upon the Marine-Hospital Service. 

* * * * * 

Sec. 7. That whenever it shall be shown to the satis¬ 
faction of the President that by reason of the existence of 
cholera or other infectious or contagious diseases in a for¬ 
eign countiw there is serious danger of the introduction 
of the same into the United States, and that notwithstand¬ 
ing the quarantine defense this danger is so increased by 
the introduction of persons or property from such country 
that a suspension of the right to introduce the same is 
demanded in the interest of the public health, the Presi¬ 
dent shall have power to prohibit, in whole or in part, the 
introduction of persons and property from such countries 
or places as he shall designate and for such period of time 

as he may deem necessary. 

* * * * * 

Approved, February 15, 1893. 


ACT OF NOVEMBER 3, 1893. 

(28 Stat-., p. 7.) 

AN ACT To amend an act entitled “An act to prohibit the coming 
of Chinese persons into the United States,” approved May fifth, 
eighteen hundred and ninety-two. 

[Section 1 reenacted, with amendments, section 6 of the 
act of May 5, 1892, and the amended section is printed 
with the act of May 5, 1892, ante.] 

Sec. 2. The words “laborer” or “laborers,” wherever 
used in this act, or in the act to which this is an amend¬ 
ment, shall be construed to mean both skilled and un¬ 
skilled manual laborers, including Chinese employed in 
mining, lishing, huckstering, peddling, laundrymen, or 
those engaged in taking, drying, or otherwise preserving- 
shell or other fish for home consumption or exportation. 

The term “merchant,” as employed herein and in the 
acts of which this is amendatory, shall have the following- 
meaning and none other: A merchant is a person en¬ 
gaged in buying and selling merchandise, at a fixed place 
of business, which business is conducted in his name, and 
who during the time he claims to be engaged as a mer¬ 
chant, does not engage in the performance of any manual 



ACT AND RESOLUTION OF 1893. 


23 


labor, except such as is necessary in the conduct of his 
business as such merchant. 

"W here an application is made by a Chinaman for en¬ 
trance into the United States on the ground that he was 
formerly engaged in this country as a merchant, he shall 
establish by the testimony of two credible witnesses other 
than Chinese the fact that he conducted such business as 
hereinbefore defined for at least one year before his de- 
parture from the United States, and that during such 
year he was not engaged in the performance of any 
manual labor, except such as was necessary in the con¬ 
duct of his business as such merchant, and in default of 
such proof shall be refused landing. 

Such order of deportation shall be executed by the 
United States marshal of the district within which such 
order is made, and he shall execute the same with all con¬ 
venient dispatch; and pending the execution of such order 
such Chinese person shall remain in the custody of the 
United States marshal, and shall not be admitted to bail. 

The certificate herein provided for shall contain the 
photograph of the applicant, together with his name local 
residence and occupation, and a copy of such certificate, 
with a duplicate of such photograph attached, shall be filed 
in the office of the United States collector of internal rev¬ 
enue of the district in which such Chinaman makes appli¬ 
cation. 

Such photographs in duplicate shall be furnished by 
each applicant in such form as may be prescribed by the 
Secretary of Commerce and Labor. 

Approved, November 3, 1893. 


Evidence to 
establish former 
status of mer¬ 
chant. 


Execution of 
order of deporta¬ 
tion. 


Bail not al¬ 
lowed. 


Photograph of 
resident. 


Duplicate pho- 
tograp hs. 


JOINT RESOLUTION OF DECEMBER 7, 1893. 

(28 Stat., p. 575.) 

JOINT RESOLUTION Providing for the payment of salaries and ex¬ 
penses of additional Deputy Collectors of Internal Revenue to carry 
out the provisions of the Chinese Exclusion Act of May fifth, eight¬ 
een hundred and ninety-two, as amended by the Act of November 
third, eighteen hundred and ninety-three. 

* * * * * 

Provided ., That collectors of internal revenue shall not 

receive any fee or other compensation for the registration, tnufon or certm- 

and issuance of certificates of residence to, Chinese labor¬ 
ers who are entitled to remain in the United States under 
the provisions of the said laws. 

Approved December T, 1893. 

18219—06-4 




24 ACT OF 1894, RESOLUTION OF 1898, AND ACT OF 1900. 


Finality of de¬ 
cision. 


Hawaiian I s - 
lands. 


No Chinese to 
enter U. S. from 
Hawaiian Is¬ 
lands. 


Registration of 
Chinese in Ha¬ 
waii. 


ACT OF AUGUST 18, 1894. 

(28 Stat., pp. 372-390.) 

AN ACT Making appropriations for sundry civil expenses of the 
Government for the fiscal year ending June thirtieth, eighteen 
hundred and ninety-five, and for other purposes. 

***** 

In every case where an alien is excluded from admis¬ 
sion into the United States under any law or treaty now 
existing or hereafter made, the decision of the appropri¬ 
ate immigration or customs officers, if adverse to the 
admission of such alien, shall be final, unless reversed on 
appeal to the Secretary of Commerce and Labor. 

***** 

Approved, August 18, 1894. 


JOINT RESOLUTION OF JULY 7, 1898. 

(30 Stat., p. 751.) 

* * * There shall be no further immigration of 

Chinese into the Hawaiian Islands, except upon such 
conditions as are now or may hereafter be allowed by the 
laws of the United States; and no Chinese, by reason of 
anything herein contained, shall be allowed to enter the 
United States from the Hawaiian Islands. 


ACT OF APRIL 30, 1900. 

(31 Stat., pp. 141-161.) 

AN ACT To provide a government for the Territory of Hawaii. 

* * * * * 

Sec. 101. That Chinese in the Hawaiian Islands when 
this act takes effect may within one }^ear thereafter obtain 
certificates of residence as required by “An Act to pro¬ 
hibit the coming of Chinese persons into the United 
States,” approved May fifth, eighteen hundred and 
ninety-two, as amended by an Act approved November 
third, eighteen hundred and ninety-three, entitled “An 
Act to amend an Act entitled ‘An Act to prohibit the com¬ 
ing of Chinese persons into the United States,’ approved 
May fifth, eighteen hundred and ninety-two,” and until 
the expiration of said year shall not be deemed to be 
unlawfully in the United States if found therein without 
such certificates: Provided ’, however , That no Chinese 




ACTS OF 1900 AND 1901. 


25 


laborer, whether he shall hold such certificate or not, shall 
be allowed to enter any State, Territory, or District of 
the United States from the Hawaiian Islands. 

. * * * * * 

Approved, April 30, 1900. 


ACT OF JUNE 6, 1900. 

(31 Stat., pp. 588-611.) 

AN ACT Making appropriations for sundry civil expenses of the 
Government for the fiscal year ending June thirtieth, nineteen hun¬ 
dred and one, and for other purposes. 

* * * and hereafter the Commissioner-General of G ^^^g£ 

Immigration, in addition to his other duties, shall have Slater s chl! 
charge of the administration of the Chinese exclusion law J^ e s exclu sion 
and of the various acts regulating immigration into the 
United States, its Territories, and the District of Colum¬ 
bia, under the supervision and direction of the Secretary 

of Commerce and Labor. 

* * * * * 

Approved, June 6, 1900. 


ACT OF MARCH 3, 1901. 


(31 Stat., p. 1093.) 

AN ACT Supplementary to an act entitled “An Act to prohibit the 
coming of Chinese persons into the United States,” approved 
May fifth, eighteen hundred and ninety-two, and fixing the compen¬ 
sation of commissioners in such cases. 


Be it enacted by the Senate and House of Representatives 
of the United States of America in Congress assembled , 

That it shall be lawful for the district attorney of the dis- united states 

J attorneys to des- 

trict in which any Chinese person may be arrested fori? nate commis- 

J .A J . sioner before 

being found unlawfully within the United States, or having ^om cjjjj 68 ® 
unlawfully entered the United States, to designate the 
United States commissioner within such district before 


whom such Chinese person shall be taken for a hearing. 


Sec. 2. That a United States commissioner shall be en- united states 

. . „ „ n J n J. , J commissioners’ 

titled to receive a fee ot five dollars tor hearing and fees, 
deciding a case arising under the Chinese-exclusion laws. 


Sec. 3. That no warrant of arrest for violations of the piSnt^a ga?n?t 
Chinese-exclusion laws shall be issued by United States j'^de Se may be 
commissioners excepting upon the sworn complaint of a 




26 


ACTS OF 1901 AND 1902. 


United States district attorney, assistant United States 
district attorney, collector, deputy collector, or inspector 
of customs, immigration inspector, United States marshal, 
or deputy United States marshal, or Chinese inspector, 
unless the issuing of such warrant of arrest shall first be 
approved or requested in writing by the United States 
district attorney of the district in which issued . a 

Sec. 4 . That this act shall take effect immediately. 

Approved, March 3, 1901. 


ACT OF APRIL 29, 1902. 


(32 Stat., part 1, p. 176.) 

AN ACT To prohibit the coming into and to regulate the residence 
within the United States, its Territories, and all territory under its 
jurisdiction, and the District of Columbia, of Chinese and persons 
of Chinese descent. 


Laws reenact¬ 
ed without limi¬ 
tation. 


Proviso. 
Transit per¬ 
mitted in insular 
possessions. 


Section 1 [as amended and reenacted by section 5 of 
the deficiency act of April 27, 1904, 33 Stat., pp. 394-428]. 
All laws in force on the twenty-ninth day of April, nine¬ 
teen hundred and two, regulating, suspending, or prohib¬ 
iting the coming of Chinese persons or persons of Chinese 
descent into the United States, and the residence of such 
persons therein, including sections five, six, seven, eight, 
nine, ten, eleven, thirteen, and fourteen of the Act entitled 
“An Act to prohibit the coming of Chinese laborers into 
the United States,” approved September thirteenth, eight¬ 
een hundred and eighty-eight, be, and the same are hereby, 
reenacted, extended, and continued, without modification, 
limitation, or condition; and said laws shall also apply to 
the island territory under the jurisdiction of the United 
States, and prohibit the immigration of Chinese laborers, 
not citizens of the United States, from such island terri¬ 
tory to the mainland territory of the United States, whether 
in such island territory at the time of cession or not, and 
from one portion of the island territory of the United 
States to another portion of said island territory: Pro¬ 
vided, however , That said laws shall not apply to the transit 
of Chinese laborers from one island to another island of 
the same group; and any islands within the jurisdiction of 

4 

any State or the district of Alaska shall be considered a 
part of the mainland under this section. 


«See act of April 27, 1904, reenacting sec. 13, act of September 13, 
1888. 




ACT OF 1902. 


27 


Sec. 2. That the Secretary of Commerce and Labor is 
hereby authorized and empowered to make and prescribe, 
and from time to time to change, such rules and regula¬ 
tions not inconsistent with the laws of the land as he may 
deem necessary and proper to execute the provisions of 
this Act and of the Acts hereby extended and continued 
and of the treaty of December eighth, eighteen hundred 
and ninety-four, between the United States and China, 
and with the approval of the President to appoint such 
agents as he may deem necessary for the efficient execu¬ 
tion of said treaty and said Acts. 

Sec. 3. That nothing in the provisions of this Act or 
any other Act shall be construed to prevent, hinder, or 
restrict any foreign exhibitor, representative, or citizen 
of any foreign nation, or the holder, who is a citizen of 
any foreign nation, of any concession or privilege from 
any fair or exposition authorized by Act of Congress from 
bringing into the United States, under contract, such me¬ 
chanics, artisans, agents, or other employees, natives of 
their respective foreign countries, as they or any of them 
may deem necessary for the purpose of making prepara¬ 
tion for installing or conducting their exhibits or of pre¬ 
paring for installing or conducting any business author¬ 
ized or permitted under or b}^ virtue of or pertaining to 
any concession or privilege which may have been or may 
be granted by any said fair or exposition in connection 
with such exposition, under such rules and regulations as 
the Secretary of Commerce and Labor may prescribe, 
both as to the admission and return of such person or 
persons. 

Sec. 4. That it shall be the duty of every Chinese la¬ 
borer, other than a citizen, rightfully in, and entitled to 
remain in any of the insular territory of the United 
States (Hawaii excepted) at the time of the passage of 
this Act, to obtain within one year thereafter a certifi¬ 
cate of residence in the insular territory wherein he re¬ 
sides, which certificate shall entitle him to residence 
therein, and upon failure to obtain such certificate as 


Secretary of 
Commerce " and 
Labor to pre¬ 
scribe rules and 
regulations, and 
appoint agents. 


Admission of 
Chinese to take 
part in exhibi¬ 
tions. 


herein provided he shall be deported from such insular 
territory; and the Philippine Commission is authorizedg f 
and required to make all regulations and provisions nec- ippine islands, 
essary for the enforcement of this section in the Philip¬ 
pine Islands, including the form and substance of the cer¬ 
tificate of residence so that the same shall clearly and 
sufficiently identify the holder thereof and enable officials 


28 


ACTS OF 1902 AND 1903. 


Department of 
Commerce and 
Labor created. 


Examinati on 
of accounts. 


Transfer of Bu¬ 
reau of Immigra¬ 
tion and immi¬ 
gration service 
to the Depart¬ 
ment of Com- 
merceandLabor. 


to prevent fraud in the transfer of the same: Provided , 
however , That if said Philippine Commission shall find 
that it is impossible to complete the registration herein 
provided for within one year from the passage of this 
Act, said Commission is hereby authorized and empow¬ 
ered to extend the time for such registration for a further 
period not exceeding one year. 

Approved, April 29, 1902. 


ACT OF FEBRUARY 14, 1903. 

(32 Stat., p. 825.) 

AN ACT To establish the Department of Commerce and Labor. 

Be it enacted by the Senate and House of Representatives 
of the United States of America in Congress assembled , 
That there shall be at the seat of government an executive 
department to be known as the Department of Commerce 
and Labor, and a Secretary of Commerce and Labor, who 
shall be the head thereof; * * * and section one hun¬ 

dred and fifty-eight of the Revised Statutes is hereby 
amended to include such Department, and the provisions 
of title four of the Revised Statutes, including all amend¬ 
ments thereto, are hereb}^ made applicable to said Depart¬ 
ment. The said Secretary shall cause a seal of office to be 
made for the said Department of such device as the Presi¬ 
dent shall approve, and judicial notice shall be taken of 
the said seal. 

Sec. 2. * * *, and the Auditor for the State and 

other Departments shall receive and examine all accounts 
of salaries and incidental expenses of the office of the Sec¬ 
retary of Commerce and Labor, and of all bureaus and 
offices under his direction, all accounts relating to * * * 

immigration * * * and to all other business within the 

jurisdiction of the Department of Commerce and Labor, 
and certify the balances arising thereon to the Division of 
Bookkeeping and Warrants and send forthwith a copy of 
each certificate to the Secretary of Commerce and Labor. 
* * * * * 

Sec. 4. That the following-named offices, bureaus, di¬ 
visions, and branches of the public service, now and here¬ 
tofore under the jurisdiction of the Department of 
the Treasury, and all that pertains to the same, known as 
the Commissioner-General of Immigration, 



ACT OF 1903. 


29 


the commissioners of immigration, the Bureau of Immi¬ 
gration, the immigration service at large, * * * be, 

and the same hereby are, transferred from the Depart¬ 
ment of the Treasury to the Department of Commerce 
and Labor, and the same shall hereafter remain under the 
jurisdiction and supervision of the last-named Depart¬ 
ment; * * * 


Sec. 7. That the jurisdiction, supervision and control 
now possessed and exercised by the Department of the 
Treasury over the * * * immigration of aliens into 

the United States, its waters, territories and any place 
subject to the jurisdiction thereof, are hereby transferred 
and vested in the Department of Commerce and Labor: 

Provided , That nothing contained in this Act shall be con¬ 
strued to alter the method of collecting and accounting 
for the head-tax prescribed by section one of the Act 
entitled 44 An Act to regulate immigration,” approved 
August third, eighteen hundred and eighty-two. That Authority to 

® ® o »/ enforce Chinese 

the authority, power and jurisdiction now possessed and exclusion laws 

** ' A J vested in the 

exercised by the Secretary of the Treasury by virtue of secretary of 

i i* ii *i Commerce and 

an} T law in relation to the exclusion from and the residence Labor, 
within the United States, its territories and the District 
of Columbia, of Chinese and persons of Chinese descent, 
are hereby transferred to and conferred upon the Secre¬ 
tary of Commerce and Labor, and the authority, power 
and jurisdiction in relation thereto now vested b}^ law or 
treaty in the collectors of customs and the collectors of 
internal revenue, are hereby conferred upon and vested in 
such officers under the control of the Commissioner- 
General of Immigration, as the Secretary of Commerce 
and Labor may designate therefor. 


***** 

Sec. 13. That this Act shall take effect and be in force 
from and after its passage: Provided , however , That the 
provisions of this Act other than those of section twelve 
in relation to the transfer of any existing office, bureau, 
division, officer or other branch of the public service or 
authority now conferred thereon, to the Department of 
Commerce and Labor shall take effect and be in force on 
the first day of July, nineteen hundred and three, and not 
before. 

Approved, February 14, 1903. 


so 


ACTS OF 1905. 


Ad m i n i s t r a- 
tion of immi 
gration laws in 
Philippine Is¬ 
lands. 


Payment of 
expenses of 
aliens detained 
as witnesses. 


ACT OF FEBRUARY 6, 1905. 

(33 Stat., pp. 689-692.) 

AN ACT To amend an Act approved July first, nineteen hundred 
and two, entitled “An Act temporarily to provide for the admin¬ 
istration of the affairs of civil government in the Philippine 
Islands, and for other purposes,” and to amend an Act approved 
March eighth, nineteen hundred and two, entitled “An Act tem¬ 
porarily to provide revenue for the Philippine Islands, and for 
other purposes,” and to amend an Act approved March second, 
nineteen hundred and three, entitled “An Act to establish a 
standard of value and to provide for a coinage system in the 
Philippine Islands,” and to provide for the more efficient admin¬ 
istration of civil government in the Philippine Islands, and for 
other purposes. 

* * -x- * * 

Sec. 6 . That the immigration laws of the United States 
in force in the Philippine Islands shall be administered 
by the officers of the general government thereof desig¬ 
nated b}^ appropriate legislation of said government, and 
all moneys collected under said laws as 
on alien immigrants coming into said islands shall not be 
covered into the general fund of the Treasury of the 
United States, but shall be paid into the treasury of said 
islands to be used and expended for the government and 
benefit of said islands. 

***** 
Approved, February 6, 1905. 


duty or head tax 


ACT OF MARCH 3, 1905. 

(33 Stat., pp. 1214-1244.) 

The 44 Act making appropriations to supply deficiencies 
in the appropriations for the fiscal year ending June 30, 
1905, and for prior years, and for other purposes,” 
approved March 3,1905, under the head, 4 4 Department of 
Commerce and Labor," provides as follows: 

44 Provided , That the necessary expenses incident to the 
detention of aliens ordered deported, whose attendance as 
witnesses is required in behalf of the United States in 
prosecutions arising under the immigration laws, may be 
paid from the permanent appropriation for 4 Expenses of 
Regulating Immigration.’” 

(Supplementing section 19, Immigration Act of March 
3, 1903.) 



EXECUTIVE ORDER OF THE GOVERNOR OF THE 
PHILIPPINE ISLANDS. 


Government of the Philippine Islands, 

Executive Bureau, 

i y Manila , P. September 190If. 

Executive Order } 

No. 38. \ 

Whereas the Department of Commerce ancl Labor of rle r X o f c Governor 
the United States has, under date of July twenty-seventh, jsiands lippine 
nineteen hundred and three, issued a certain rule to regu¬ 
late the admission of Chinese persons from the Philippine 
Islands into the mainland territory of the United States 
and into the insular possessions of the United States 
other than the Philippine Islands, which said rule is as 
follows: 

* 4 Rule 61. [Since the issuance of this order this ride 
has been amended; reference should therefore be had 
to Rule 38, p. 48.] In view of the provisions of section 1 
of the act approved April 29, 1902, it will be necessary 
for Chinese persons of the classes mentioned in article 3 
of the convention of December 8, 1894, who are resi¬ 
dent in [citizens of] the insular territory of the United 
States, to comply with the terms of section 6 of the act 
approved July 5, 1884, and for this purpose the permis¬ 
sion of such persons to go from one insular territory to 
another insular territory of the United States, or from 
such insular territory to the mainland territory of the 
United States, shall be granted by an officer designated 
for that purpose by the chief executives of said insular 
territories, respectively, and the duties imposed by section 
6 of the act approved July 5, 1884, upon United States 
diplomatic and consular officers in foreign countries in 
relation to Chinese persons of the said classes shall be dis¬ 
charged b} r the chief officers in charge of the enforcement 
of the Chinese exclusion acts at the ports, respectively, 
from which any members of such excepted classes intend to 
depart from any insular territory of the United States.” 


31 



32 


PHILIPPINE EXECUTIVE ORDER. 


Regulations 
governing de¬ 
parture from 
and admission to 
Philippines o f 
Chinese of ex¬ 
empt classes. 


And whereas it is the desire of the government of the 
Philippine Islands to afford to such eligible Chinese per¬ 
sons, residents of these islands, as desire to depart out of 
the same for other parts or possessions of the United 
States, the privilege so to do and to give evidence of such 
permission and of the status of each person so permitted 
in the manner now required by law in the case of Chinese 
persons departing out of a foreign country as nearly as 
may be: Now, therefore, 

W. Morgan Shuster, collector of customs for the Phil¬ 
ippine Islands, is hereby designated to grant such permis¬ 
sion in the name of the government of the Philippine 
Islands, to all such Chinese persons as shall have duly 
established to his satisfaction their eligibility under the 
law to enter the mainland territory of the United States, 
or aiw other of its insular possessions. 

This permission and the prima facie establishment of 
the facts showing eligibility, shall be evidenced by a cer¬ 
tificate signed and approved b}" him in analogy to the 
certificate required by section six of the act of Congress 
of July fifth, eighteen hundred and eighty-four, and 
referred to in rule sixty-one above quoted. 

It is further ordered that in the case of Chinese persons 
coming from the other insular possessions of the United 
States to the Philippine Islands, bearing certificates is¬ 
sued in pursuance of said rule sixt} T -one above mentioned, 
the}^ shall be accorded at the ports of the Philippine 
Islands, the same rights of entry as they would have did 
they come possessed of similar certificates issued by a 
foreign government. 


Luke E. Wright, 

Civil Governor. 


REGULATIONS GOVERNING THE ADMISSION OF 

CHINESE. 

(Approved February 5, 1906.) 


Rule 1 . Under the provisions of the treaty and laws in 
relation to the exclusion of Chinese persons, only those 
who are teachers, students, travelers for curiosity or 
pleasure, merchants and their lawful wives and minor 
children, officials of the Chinese Government together 
with their body and household servants, Chinese persons 
registered under the laws of the United States, seamen, 
as provided in Rule 32; those seeking in good faith to pass 
through the country to foreign territory, as provided in 
Rules 33 and 37; and persons whose physical condition ne¬ 
cessitates immediate hospital treatment, shall be permitted 
to land under said laws at any port of the United States. 

Rule 2. Only those Chinese persons who are expressly 
declared by the treaty and laws relating to the exclusion 
of Chinese to be admissible shall be allowed to enter the 
United States, and those only upon compliance with the 
requirements of said treaty and laws and of regulations 
issued thereunder. (22 Op. At. Gen., 132.) If the Chi¬ 
nese person has been born in the United States, of parents 
who at the time of his birth have a permanent domicile 
and residence in the United States, neither the immigra¬ 
tion acts nor the Chinese exclusion acts prohibiting per¬ 
sons of the Chinese race, and especially Chinese laborers, 
from coming into the United States apply to such person. 
(169 U. S., 653-705.) 

Rule 3. Chinese aliens shall be examined as to their 
right to admission to the United States under the pro¬ 
visions of the laws regulating immigration as well as 
under the laws in relation to the exclusion of Chinese per¬ 
sons. (24 Op. At. Gen., 706.) 

Rule 4. No Chinese person, other than a Chinese dip¬ 
lomatic or consular officer and attendants, shall be per- 


Adm issible 
classes. 


Only those 
specially ex¬ 
empted admis¬ 
sible. 


Exclusion 
laws not ap¬ 
plicable to per¬ 
sons of Ameri¬ 
can birth. 


Immigration 
laws apply to 
Chinese. 


Ports of entry. 


33 



34 


REGULATIONS GOVERNING ADMISSION OF CHINESE. 


Applicants lor 
admission to 
be examined 
promptly. 


Examination 
of applicants. 


Not consid¬ 
ered landed un¬ 
til lawfully 
landed. 


Steamships to 
give notice of 
sailings. 


mitted to enter the United States except at the ports of 
San Francisco; Portland, Oreg.; Boston; New York; New 
Orleans; Port Townsend; Richford, Yt.; Malone, N. Y.; 
Portal, N. Dak.; Sumas, Wash.; Honolulu, Hawaii; San 
Juan and Ponce, P. R.; San Diego, Cal., and Tampa, Fla. 

Rule 5. Immediately upon the arrival of Chinese per¬ 
sons at any port mentioned in Rule 4 it shall be the duty 
of the officer in charge of the administration of the Chinese 
exclusion laws to have said Chinese persons examined 
promptly, as by law provided, touching their right to 
admission; and to permit to land those proving such 
right: Provided , That nothing contained in these regula¬ 
tions shall be construed to authorize the boarding of ves¬ 
sels of foreign navies arriving at ports of the United States 
for the purpose of enforcing the provisions of the Chinese 
exclusion laws. 

Rule 6 . The examination prescribed in Rule 5 shall 
be separate and apart from the public, in the presence of 
Government officials and such witness or witnesses only 
as the examining officer shall designate: Provided , how¬ 
ever , That all witnesses presenting themselves on behalf of 
any Chinese applicant be full\ r heard. If upon the con¬ 
clusion of the hearing the Chinese applicant is adjudged 
to be inadmissible, he shall be advised of his right to 
appeal by a notice written or printed in the Chinese lan¬ 
guage, and his counsel shall be permitted, after notice of 
appeal has been duly filed, to examine and make copies 
of the evidence upon which the excluding decision is based. 
If there is a consular officer of China at port where exami¬ 
nation is held, he also shall be notified in writing that the 
said Chinese applicant has been refused a landing, and 
shall be permitted to examine the record. 

Rule T. Every Chinese person permitted to land from 
a vessel for examination at some designated port or for 
immediate hospital treatment, as provided in Rule 1, shall 
be considered as still on shipboard until finally and law¬ 
fully landed, so far as relates to his admission to the 
United States and so far as relates to the responsibility of 
the master, agent, or owner of such vessel for his safe¬ 
guarding, maintenance, and hospital expenses. 

Rule 8. The master, agent, or owner of an} T vessel or 
other means of transportation by which Chinese persons 
are brought to any port of entry named in Rule 4 shall, 
at least twenty-four hours before the intended time of the 


REGULATIONS GOVERNING ADMISSION OF CHINESE. 


35 


sailing of said vessel or the departure of other vehicle of 
transportation, notify the chief officer in charge of the 
administration of the Chinese exclusion laws at said port 
of such sailing or departure, in order that the said officer 
may cause to be placed on board every Chinese person 
whose application for permission to land has been finally 
denied. 


Rule 9. Every Chinese person refused admission to 
the United States, being actually or constructively on the 
vessel or other conve} T ance by which he was brought to a 
port of entry, must be returned to the county whence he 
came, at the expense of the transportation agency owning 
such vessel or conveyance. 

Rule 10. Every officer in charge of the enforcement of 
the Chinese exclusion laws at a port of entry shall cause 
co be kept in books, to be furnished by the Bureau of 
Immigration, complete records of every Chinese person 
arriving thereat, synopses of which for the next pre¬ 
ceding month shall be forwarded upon appropriate blanks 
to the Commissioner-General of Immigration not later than 
the 10th day of each calendar month. Weekl}^ reports 
upon forms furnished by the Bureau of Immigration must 
also be promptly returned. 

Rule 11. All certificates, or other evidence, offered by 
Chinese persons to establish their right of admission to the 
United States, other than registration certificates and sec¬ 
tion 0 certificates, shall be retained by the officers in charge 
of the administration of the Chinese exclusion laws at ports 
of entry: Provided , however , That if the officer in charge 
shall have good reason to believe that any person present¬ 
ing a registration certificate is not the person to whom 
said certificate was issued, he shall take it up and forward 
the same to the Commissioner-General of Immigration at 
Washington, together with a statement of his reasons for 
so doing. 

Rule 12. Every Chinese person refused admission under 
the provisions of the exclusion laws by the decision of the 
officer in charge at the port of entry may take an appeal 
to the Secretary of Commerce and Labor by giving writ¬ 
ten notice thereof to the officer in charge within two days, 
exclusive of Sundays and legal holidays, after such deci¬ 
sion is rendered. 

Rule 13. Notice of appeal provided for in Rule 12 
shall act as a stay upon the disposal of the Chinese person 


Rejected ap¬ 
plicants to be re¬ 
turned to coun¬ 
try whence they 
came. 


Records to be 
kept at ports of 
entry. 


Certificates 
and evidence to 
be taken up at 
ports of entry. 


Exception. 


Appeals — 
two days allowed 
for filing notice. 


Appeals — 
record, etc., to 
be forwarded 
within five days. 


36 


REGULATIONS GOVERNING ADMISSION OF CHINESE. 


Appeals — 
additional time 
for perfecting. 


Return cer- 
tificate s—to 
whom issued. 


Return cer¬ 
tificates— evi¬ 
dence on which 
to be issued. 


Laborer’s re¬ 
turn ce r tif i- 
cate — investiga¬ 
tion incident to 
issue of. 


whose case is thereby affected until a final decision is ren¬ 
dered by the Secretary of Commerce and Labor; and, 
within five days after the excluding decision is rendered, 
unless further delay is required to investigate and report 
upon new evidence, the complete record of the case, 
together with such briefs, affidavits, and statements as are 
to be considered in connection therewith, shall be for¬ 
warded to the Secretary of Commerce and Labor by the 
officer in charge at the port of arrival, accompanied by 
his views thereon in writing. If, on appeal, evidence in 
addition to that brought out at the hearing is submitted, 
it shall be made the subject of prompt investigation by the 
officer in charge and be accompanied b}^ his report. 

Rule 14. Additional time for the preparation of cases 
will be allowed only when, in the judgment of the officer 
in charge, a literal compliance with Rule 13 would occasion 
injustice to the appellant or the risk of defeat of the pur¬ 
poses of the law. The reasons for the extension of time 
shall in every instance be stated in writing and forwarded 
with the appeal. 

Rule 15. Only such Chinese persons as have been duly 
registered under the provisions of the Chinese exclusion 
laws are entitled to return certificates. 

Rule 16. Administrative officers are hereby required, 
in accordance with section 7 of the act of September 13, 
1888, to exact of every registered Chinese laborer apply¬ 
ing for a return certificate, not merely a statement of the 
ground or grounds on which such laborer claims a right 
thereto, but also proofs of the existence of such ground 
or grounds, either in the form of oral or of written testi¬ 
mony in detail by not less than two credible witnesses, 
who shall satisfy such officers that they have had oppor¬ 
tunity to know the circumstances to which they testify. 
Until such proof is supplied, the investigation prelimi¬ 
nary to granting or refusing the return certificate sought 
shall not be made. 

Rule 17. A Chinese laborer claiming the right to be 
permitted to leave the United States and return thereto 
shall apply in person to the immigration officer whose 
official station is most conveniently reached from his 
place of residence, at least a month prior to the time 
of his departure; shall deposit with said officer a certificate 
of registration, and shall make, on oath before the officer, in 
writing, a full statement descriptive of his family, or prop- 


REGULATIONS GOVERNING ADMISSION OF CHINESE. 


37 


erty or debts, as the case may be, and fully describing him¬ 
self, giving his age, name, local residence, occupation, 
color of eyes and complexion, and distinguishing marks, 
if any, and naming the port from which he expects to 
depart from the United States, which shall be one of those 
designated in Rule 4. Such written description shall be 
filed in duplicate, and to each shall be permanently at¬ 
tached a photograph of the Chinese person referred to 
therein. The officer with whom such certificate of regis¬ 
tration and written description are filed will make a thor¬ 
ough examination to ascertain whether the applicant is 
registered, and as to the accuracy of the descriptive state¬ 
ment; that the photograph accompanying the latter for 
the purpose of identification is that of the person described 
in such certificate and statements, and that his height and 
descriptive physical marks are accurately given, and will 
then write his official signature in part across such photo¬ 
graph and in part upon the adjoining portion of the written 
descriptive statement, to prevent substitution. The said 
officer will then transmit the certificate of registration to 
the Commissioner-General of Immigration, for comparison 
with the record thereof in his office, in respect not only to 
name and date therein, but in all other particulars. At the 
same time the said officer will in person, or through an 
immigrant or Chinese inspector, make thorough investiga¬ 
tion as to the facts stated therein. As soon as practicable 
thereafter the said officer will transmit such registration 
certificate, one copy of the sworn statement, and the reports 
of investigation to the officer in charge at the port from 
which such Chinese laborer intends to depart from the 
United States, and at the same time will transmit to said 
Chinese laborer the duplicate copy of such sworn state¬ 
ment, with instructions to present the same in person to 
the officer in charge at the port of departure. Upon the 
receipt of such certificate of registration, the duplicate 
copies of said sworn statement, and the reports of investi¬ 
gation, the officer in charge, or his deputy at said port of 
departure, after one month from the date of filing of the 
original application with the officer who investigated the 
case, if lie finds that the person presenting such duplicate 
statement is the Chinese person therein described and is 
entitled thereto, may sign and give to such person on his 
departure from said port a certificate containing the num¬ 
ber of the description referred to, in the following form: 


38 


REGULATIONS GOVERNING ADMISSION OF CHINESE. 


No. 


UNITED STATES OF AMERICA. 


Laborer’s re- Certificate issued to Chinese laborer departing from the United States with 
cate—form of.* the intention of returning thereto. 

This is to certify that-, a Chinese laborer, described 

in identification paper numbered-, port of -, departed from 

this port for-on this-day of-, 190-, with the avowed 

intention of returning to the United States via this port within 
twelve months from said date. 

Given under my hand and seal this-day of -, 190-, 

at-, State of-. 


[seal.] 


Officer in Charge , Port of 


District of 


if transferred, If the last-named certificate be transferred it shall be- 

Did. • 

come void, and the person to whom it was given by the 
officer in charge shall forfeit his right to return to the 
United States. 


The certified description shall be carefully preserved by 
the officer in charge at the port of exit as a means of iden¬ 
tification of the Chinese person therein mentioned, who 
must return via the port of departure within one year from 
the date of his leaving the United States, unless prevented 
by sickness or other disability beyond his control, 
officer in The officer who conducts the above-mentioned investi- 

charge of district 

in which laborer oration will furnish the officer in charge of the district in 

resides to be fur- ° , 

nished with copy w hich the Chinese laborer resides with a copy of the re- 

of report of m- i , . . A 

vestigation. port forwarded by him to the officer in charge at the port 


of departure. 

Laborers, Rule 18. Every departing Chinese laborer who has 

when departing, ; 1 ° 

must be advised been furnished with a return certificate under the pro- 

that conditions . r 

must remainun-visions of section 7 of the act approved September 13, 

changed to en- . y 1 1 

title them to re- 1888, must be informed bv the officer by whom such cer- 

admission. 7 J 

tificate is granted that upon his return to the port of de¬ 
parture, as a prerequisite to admission, there must exist 
one of the grounds recited in section 6 of said act to en¬ 
title him to admission after a temporary absence from the 
United States. Officers of the Department of Commerce 
and Labor must be certain that every departing Chinese 
laborer fully understands the law in this particular. 

interim 0 Tnvesti- Rule 19. The officer issuing a return certificate to a de¬ 
lation of status p ar ti n g laborer shall at the time of such issuance furnish 

said laborer with the following notice (properly filled 
out) and attached form of letter for his use in sending 
information of his intended return: 


















39 


REGULATIONS GOVERNING ADMISSION OF CHINESE. 

Office of-, 

Port of-, 

(Date)-, 19—. 


Sir: In accordance with Rule 19 of regulations issued by the Secre¬ 
tary of Commerce and Labor, you are hereby informed that, in order 
to avoid the risk of a possibly fruitless voyage, you should, at least 
ninety days and not exceeding four months prior to your intended 
return to this port, notify the undersigned officer of the approximate 
date of such return, giving your name and foreign address on the sub¬ 
joined blank form, and stating the ground or grounds on which you 
claim the right to admission to the United States, as well as the occa¬ 
sion of your delay, if there has been such delay in returning beyond 
one year from the time of your departure. An investigation of your 
case will, on receipt of such notification, be promptly made and you 
will be formally advised of the result thereof by a letter sent to the 
foreign address given. 

Respectfully, (Name of officer)-, 

(Title of officer)-. 


(Address)-, 

(Date)-, 19—. 

Officer in Charge Enforcement Chinese Exclusion Laws, 

Port of -. 

Sir: In compliance with the above notification, delivered to me 
prior to my departure from the United States, you are informed 
that I intend to return thereto through your port, per steamship 
-, on or about-, 19—. 

I was granted return certificate No. -, dated-, 19—, 

and departed from your port per steamship-on-, 19—. 

I claim the right of admission because I have in the United States 
(either): 

A father, named-, or mother, named-, 

residing at --; a child (or children), named-. 

A lawful wife, named-, residing at-, to whom I 

was married on the-day of-, and with whom I have con¬ 

tinuously cohabited since the said marriage. 

The following property of the clear, unencumbered value of $-: 

The following bona fide debts due me and pending settlement, and 
not evidenced by promissory notes or other similar acknowledgments 
of ascertained liability, and not colorably acquired for the purpose of 
evading the law: 

Due from-, $-• 

Due from-, $-• 

Address of debtors,-. 

I respectfully request that my claims be preinvestigated and that 1 

may be notified at the above address before-, 19—, whether 

I will be permitted to reenter the United States. 

I was delayed-days - months beyond the year after my 

departure by-, and will submit the evidence thereof required by 

the law and regulations. 

Respectfully, (Name) . 


9 






















































40 


REGULATIONS GOVERNING ADMISSION OF CHINESE. 


Return certifi¬ 
cates—disposi¬ 
tion of duplicates 
and stubs of. 


Return certifi¬ 
cates to be can¬ 
celed. 


Laborers—rec¬ 
ord of, departing 
and returning. 


Laborers—re- 
a d m’i s s i o n of, 
upon return cer¬ 
tificates. 


At the same time there should be delivered to the de¬ 
parting Chinese laborer a copy of Department Form No. 
423, “ Instructions, in Chinese, to return notices issued 
under Rules 19 and 28,” and an envelope addressed to the 
officer in charge at the port of departure for use by the 
Chinese laborer when forwarding the above-mentioned no¬ 
tice of intention to return. 

Rule 20. The officer in charge at the port of departure 
shall send a copy of the certified description, with photo¬ 
graph of the person therein named attached, and also one 
of the stubs hereinafter mentioned, to the Commissioner- 
General of Immigration; said stub and said copy of the 
certified description shall be filed together. 

Certificates as above described, with a serial number 
attached, will be issued to officers in charge at ports from 
which Chinese depart upon application therefor to the 
Commissioner-General of Immigration. In all instances, 
officers in charge will fill out the blanks on the stubs of 
the certificates. Officers in charge will submit to the 
Commissioner-General of Immigration weekly reports of 
Chinese persons departing from and returning to their 
respective ports, debiting themselves with the number of 
certificates received from the Department, crediting them¬ 
selves with the number used, and reporting the number 
remaining on hand. The officers in charge shall cancel 
all return certificates presented on admission of returning 
Chinese and forward said certificates so canceled to the 
Commissioner-General of Immigration. 

Rule 21. It shall be the duty of the officer in charge at 
the port of entry to register and make a record of each 
Chinese laborer arriving at or departing from said port, 
which record shall show the individual, family, and tribal 
name in full; age; occupation, when and where followed; 
last place of residence; physical marks or peculiarities, 
and a full description of his person, together with such 
other pertinent information as may assist in the identifi¬ 
cation or investigation of such person in case of his 
returning to the United States. A duplicate of the record 
of such registry shall be transmitted to the Commissioner- 
General of Immigration for every vessel or railway train 
transporting Chinese laborers to the United States. 

Rule 22. Upon the arrival of any registered Chinese 
laborer at a port of the United States designated in Rule 
4, he shall exhibit his return certificate to the officer in 
charge of the enforcement of the Chinese exclusion laws 


REGULATIONS GOVERNING ADMISSION OF CHINESE. 


41 


at said port, and if the evidence already secured in such 
a case establishes the right of such a returning Chinese 
laborer to admission, and is not controverted, he shall 
at once be admitted, but otherwise he shall be refused 
admission until he establishes his right thereto. 

Rule 23. If a returning Chinese laborer is admitted, 
his certificate of residence, which must have been left 
with the officer who granted him a return certificate, 
shall be returned to him and the said return certificate 
be taken up. After indorsing upon such return certifi¬ 
cate his action in the case and the date thereof, the officer 
in charge shall forward it to the Commissioner-General 
of Immigration, accompanied, if the Chinese applicant 
is denied admission, by said laborer’s certificate of resi¬ 
dence. 

Rule 24. Whenever a Chinese laborer holding a return 
certificate is detained by his sickness or by other disabil¬ 
ity beyond his control for a time in excess of one year 
after the date of his departure from the United States, 
the facts shall be fully reported to and investigated by 
the consular representative of the United States at the 
port or place from which such laborer departs for the 
United States, and such consular representative shall cer¬ 
tify, to the satisfaction of the officer in charge at the port 
of return, which must be the port from which such la¬ 
borer departed, that he has fully investigated the state¬ 
ments of such laborer and believes that he was unavoid¬ 
ably detained for the time specified and for the reason 
stated, such certificate to be delivered by such consular 
representative to the master of the vessel on which the 
Chinese laborer departs for the United States and by the 
master delivered to the officer in charge at the port of 
return. 

Rule 25. Every Chinese merchant resident within the 
United States who desires to go abroad temporarily, to 
avoid unnecessary delay in securing admission upon his 
return, may transmit to the officer in charge of the district 
wherein the mercantile establishment is located, not less 
than thirty days prior to the date on which he intends to 
depart, affidavits of two credible witnesses, other than 
Chinese, showing said merchant’s actual ownership, in 
whole or in part, of an established mercantile business in 
this country, the amount of his interest therein, the nature 
of his personal employment in conducting said business, 
and that during the entire year antecedent to the date of 


Laborers— 
return of regis¬ 
tration certifi¬ 
cates to, upon 
readmission. 


Laborers, 
returning— 
overt i me — 
United States 
consular officers 
to certify regard¬ 
ing. 


Consular offi¬ 
cer’s certificate 
to be delivered 
to master of ves¬ 
sel on which la¬ 
borer returns. 


Merchants, 
d o m i c i led—in- 
v e s t i g ation of 
status prior to 
departure. 


42 


REGULATIONS GOVERNING ADMISSION OF CHINESE. 


Merchants, 
domiciled—vis - 


such affidavits he engaged in no manual labor except such 
as was necessarily incident to the conduct of said business. 
It shall be the duty of the officer in charge to make a thor¬ 
ough investigation of the facts alleged in the affidavit, and 
if, after such investigation, said officer is satisfied of the 
truth of the statements contained in the above-mentioned 
indorsement of affidavits he may indorse thereon over his signature his 
P eis - finding to that effect, coupled with a statement that the 

said Chinese merchant will, upon his return to the port of 
departure and proper identification, be permitted to enter 
status must re- the United States, unless some of said statements should 

main unchanged 5 

mission 6toread ^'subsequently be shown to be false: Provided , however , 
That said merchant still retains, unchanged, the mercantile 
interest owned by him at the time of his departure. 

Rule 26. Every Chinese merchant resident within the 
foreigrueriftory 8 United States, who desires to make a visit to contiguous 
foreign territory, may do so by complying with the provi¬ 
sions of Rule 25, except that the affidavits mentioned therein 
need not be transmitted to the officer in charge thirty days 
prior to the date on which he intends to depart. In cases 
where his mercantile status has been prima facie deter¬ 
mined, either before or after his departure, and he applies 
for readmission to the United States within four months 
from the date of departure, he may make application for 
admission on identification, without further investigation. 
Merchants, Rule 27. Chinese persons applying for admission upon 

domiciled, re- 1 1 T . ”. . r 

turning—proof of the ground of having been domiciled in the United States 
as merchants shall be required to establish, to a reasonable 
certainty, that they are actually owners of the business 
claimed or members of the firm owning such business, 
with proof of the amounts actually paid for their respec¬ 
tive interests, the times at which such payments were 
made, and, if residents of the United States during the 
period of registration, whether they failed to register, 
and, if so, the reason therefor. 

domiciled n re- ^ ULE 28. As an additional means of securing prompt 
terim. n fnveitiga- ac ^ on upon the case of every Chinese person seeking 
tion of status of. admission as a returning merchant, as well as to save him 

the risk of a possibly fruitless voyage, the officer shall, at 
the time of departure of every such Chinese person, whose 
case has not already been investigated under Rule 25, 
furnish him with the following notice (properly filled out) 
and attached form of letter for his use in sending notifica¬ 
tion of his intended return: 


REGULATIONS GOVERNING ADMISSION OF CHINESE. 


43 


Office of-, 

Port of-, 

(Date)-, 19—. 


Sir: In accordance with Rule 28 of the Regulations of the Depart¬ 
ment of Commerce and Labor for the enforcement of Chinese 
Exclusion Laws, you are hereby notified that, in order to avoid 
as far as possible the risk of making an unnecessary trip which 
would result from a failure to establish your right to admission, 
you should, at least ninety days and not exceeding four months 
prior to your intended arrival at this port, notify the undersigned 
officer of your intention to return, the approximate date thereof, 
giving your name and foreign address, and a statement of your 
claims to the right of admission, on the subjoined blank. You 
may now, or within the time above mentioned, submit the evi¬ 
dence required by law to establish your mercantile status. The 
said claims will, on receipt of such notice, be promptly investi¬ 
gated and a formal notification of the result of such investigation 
will be sent to you at the address given. This decision is not 
final, and you are not precluded, if such result is adverse, from 
obtaining upon your arrival at a port of the United States a further 
investigation of your claims. 

Respectfully, 

(Name of officer)-, 

(Title of officer)-. 


(Address)-, 

(Date)-, 19—. 

Officer in Charge Enforcement Chinese Exclusion Laws, 

Port of -. 

Sir: In compliance with the above notification, delivered to me 
prior to my departure from the United States, you are informed 

that I intend to return thereto, through your port, per-on or 

about-, 19—. 

I departed from the United States on the steamship-, which 

sailed from your port on-, 19—. 

I have filed with you the evidence required by law to support my 
claim of right to readmission. I am a merchant and member (or pro¬ 
prietor) of the store (or firm) of-, at-, in which 

my interest was, and still remains, $-. 

I respectfully request that my claim be preinvestigated, and that I 

may be notified before-, 19—, at the above address, whether 

I will be permitted to reenter the United States, and, if so, upon what 
condition. 

Respectfully, (Name)-. 

Upon the receipt of such notification, the officer in 
charge shall make, or cause to be made, a thorough in¬ 
vestigation of the claim therein advanced and send due 
notice of his conclusions in regard thereto to the appli¬ 
cant, who, upon arrival, shall establish his identity with 
the sender of the notification and submit such additional 






























44 


REGULATIONS GOVERNING ADMISSION OF CHINESE. 


evidence as may be necessary to prove his right to ad¬ 
mission. If the evidence previously secured shall estab¬ 
lish the right of such applicant to admission, and is not 
controverted, he shall be admitted without delay, but 
otherwise he shall be refused admission until he shall 
establish his right thereto. 

When delivering to the departing merchant the notice and 
attached form of letter above described, he should also be 
furnished with a copy of Department Form No. 423, “In¬ 
structions, in Chinese, to return notices issued under Rules 
19 and 28,” and with an envelope addressed to the officer 
in charge at the port of departure for use by the merchant 
when forwarding the notice of intention to return. 


WiveS h id nd R ule 29. The Supreme Court having decided that the 
of domiciled lawful wife and minor children of a Chinese merchant 
mission of.’ ma}' be admitted to the United States without presenting 
the certificate prescribed by section 6 of the act approved 
July 5, 1884, the attention of administrative officers is 


directed to the nature of the evidence required by section 
2 of the act approved November 3, 1893, to establish the 
right of a domiciled Chinese merchant to readmission 


after temporary absence from the United States, and the 
said officers are directed to require such evidence as will 
give reasonable assurance that every Chinese applicant 
for admission as the lawful wife or minor child of a resi¬ 
dent Chinese merchant sustains the actual relationship 
claimed to such merchant, and, in the case of a child, that 
such child is beyond question a minor, 
section 6 cer- Rule 30. The officers whose titles are given below have 

tifi cates_officers 

designated to is- been authorized by their respective Governments to issue 
to Chinese subjects , or citizens , of such Governments the 
certificates prescribed by section 6 of the act approved 
Julv 5, 1884. 

Brazil: Chiefs of Police, or corresponding officers in the 
municipalities and civil subdivisions. 

Canada: 

Vancouver—Collector of Customs. 

Victoria—Collector of Customs. 

New Westminster—Collector of Customs. 

Ottawa—Chief Controller of Chinese, or Chief Clerk 
in the Department of Trade and Commerce. 


China: 

Acting Viceroy of Hu Kuang (Hunan and Hupeh). 
Acting Viceroy of Sze Ch’uen. 

Acting Viceroy of Liang Kuang (Kuangtung and 
Kuanghsi). 


REGULATIONS GOVERNING ADMISSION OF CHINESE. 


45 


China—Continued. 

Tartar General of Fu-chou and Customs Superintend¬ 
ent of Fu-k’ien. 

«* 

Governor of Anhui. 

Governor of Hunan. 

Governor of Shantung. 

Governor of Kiangsi. 

Customs Taot’ai of Tientsin. 

Taot'ai of the Hui-Ning-Ch’ih-T’ai-Kwang Circuit. 

Taot’ai of the Iiang-chia-hu Circuit. 

Acting Taot'ai of the Ning-Shao-T’ai Circuit. 

Taot’ai of the Wen-Ch’u Circuit. 

Taot'ai of the Yue-Ch’ang-Li Circuit. 

Taot’ai of the Teng-Lai-Ch’ing Circuit. 

Taot’ai of the Su-Sung-T’ai Circuit. 

Cuba: Chief of Immigration Department. 

German Protectorate of Kiautschou: Commissioner for 
Chinese Affairs to the Government, Civil Commissioner, 
or Oberrichter. 

Guatemala: Minister of Foreign Affairs, or Sub-Secretary 
of State. 

Hawaii: Secretary of the Territory. 

Hongkong: Registrar-General. 

Japan: 

Governor of any Fu (district) or Ken (prefecture). 

Hokkaido—Govern or-General. 

Formosa—Chief of Prefecture having jurisdiction. 

Mexico: Department for Foreign Affairs. 

Philippine Islands: Collector of Customs. 

Portuguese Province of Macau: Secretary-General. 

Society Islands: Commissioner of Police of the Munici¬ 
pality of Papeete, Tahiti. 

Straits Settlements: Colonial Secretary. 

Federated Malay States—Colonial Secretary, Federal 
Secretary, or Secretary for Chinese Affairs. 

Trinidad: Governor. 

Venezuela: Mayors of Cities or Governors of Provinces. 

Rule 31. The certificates prescribed by section 6 of the ti | c ?ate?T5o C b r e 
act of July 5, 1884, on which Chinese of the exempt class S?Sns% r esent- 
are admitted to the United States, shall be indorsed by m s areadmitted - 
officers in charge by writing across the face thereof in 
red ink the fact of the admission and the date thereof. 

After such indorsement the certificates shall be returned to 
the Chinese persons. 

Rule 32. To prevent violations of law by Chinese sea- re qS™a n ~~ bond 
men discharged or granted shore leave at ports of the 


46 REGULATIONS GOVERNING ADMISSION OF CHINESE. 

United States, bond with approved security in the pen¬ 
alty of $500 for each such seaman shall be exacted for his 
departure from and out of^the United States within thirty 
days. 

^Transit^o^ia- Rule 33. Every Chinese laborer seeking the privilege 

merits. reqmre G f transit through the United States to foreign territory 
shall, as a condition precedent to being allowed such privi¬ 
lege, compl} T with the following requirements; and if such 
a person is found, in the judgment of the officer in charge 
at the port of arrival, to be seeking the privilege of transit 
with an ulterior purpose of gaining an unlawful access to 
the United States, he shall be refused permission to land: 

to P bl?hmvn Cket (®) The a ppli can fc shall be required to produce to the 
officer in charge of the enforcement of the Chinese exclu¬ 
sion laws at the port of arrival a prepaid through ticket 
across the whole territory of the United States, land or 
water, intended to be traversed (and to his alleged foreign 
destination according to the manifest of the vessel on which 
he arrives), and such other reasonable proof as may be 
required of him to satisfy the said officer that a bona lide 
transit only is intended and that the applicant does not 
seek the foreign destination named by him with an ulterior 
purpose of thereby gaining access to the United States in 
violation of law; and such ticket and other evidence in 
writing presented by the applicant must be so stamped or 
marked and dated b}^ the said officer or his deputy as to 
prevent their use a second time; but no such applicant 
shall be considered as intending in good faith to make such 
transit only if he has already, on the same arrival, made 
application for and been denied admission to the United 
States. 

Bond required, (b) The applicant in such case, or some responsible per¬ 
son in his behalf, or the transportation company whose 
through ticket he holds, shall furnish to the said officer 
in charge a good and sufficient bond in the penal sum 
of $500, conditioned for applicant’s continuous transit 
through and actual departure from the United States 
within a reasonable time, not exceeding in an}^ instance 
twenty days from the date upon which said privilege is 
granted; but the said bond shall not be required of any 
such applicant who remains on shipboard for transit 
through the water territory of the United States, or who 
is transferred from one vessel to another vessel in a port 
of the United States for a similar transit, unless the vessel 
on which said applicant departs may touch at another 
port of the United States on the way to its foreign port 
or destination. 


REGULATIONS GOVERNING ADMISSION OF CHINESE. 


47 


(c) The applicant in every such case shall furnish to 
said officer in charge, to be taken as directed by said 
officer, a photograph of himself in triplicate, together 
with such information as the officer in charge may 
require. 

Rule 34. The officer in charge of the enforcement of 
the Chinese exclusion laws at the port of arrival shall pre¬ 
pare a descriptive list, to which one of the photographs 
required by Rule 33 (c) shall be attached, bound in book 
form, for tile in his office, containing as to each Chinese 
laborer who is an applicant for the privilege of passing 
through the United States to foreign territory the follow¬ 
ing information: Name, age, sex, last place of residence, 
and the data referred to therein by hie number required 
for his identification. To the said descriptive list there 
shall be attached a dated and signed statement by the said 
officer in charge that applicant has complied with all the 
provisions of Rule 33, and that, being assured of appli¬ 
cant’s good faith, the privilege of transit under bond has 
been accorded him. 

Rule 35. Two copies of the bound descriptive list re¬ 
quired by Rule 34 shall be prepared by the officer in 
charge on detached blanks corresponding in form with the 
said bound descriptive list, to each of which shall be at¬ 
tached one of the photographs required by Rule 33 (c), 
and upon both of said photographs, as well as on the one 
attached to said bound list, shall be stamped the seal of the 
said officer in charge, so placed as not to cover any part of 
the face. One of said copies shall be forwarded by the 
first mail after it is prepared to the officer in charge of the 
intended port of exit and the remaining one shall be given 
to the conductor of the train, or to the captain of the ves¬ 
sel, by which the Chinese laborer to whom they relate is 
carried, for deliver}^ to the said officer at the port of exit. 

Rule 36. One of the copies described in Rule 35 shall 
be retained by the officer in charge at the port of exit, 
for his files, and the other, after an indorsement has been 
made thereon, duly signed and dated, to the effect that the 
Chinese laborer named therein has been identified and has 
departed from the United States, shall be .returned by 
mail to the officer by whom it was prepared, and its re¬ 
ceipt by him, duly executed as herein required, shall be 
his authority for cancellation of the bond given on behalf 
of the Chinese laborer, as provided in Rule 33 (£), to whom 
said descriptive list refers. 


Photograph re¬ 
quired. 


Transit of la¬ 
borers—action of 
officers concern¬ 
ing. 


Transit of la¬ 
borers—copies of 
descriptive list. 


Transit of la¬ 
borers—proce¬ 
dure for cancel¬ 
lation of bond. 


48 


REGULATIONS GOVERNING ADMISSION O.F CHINESE. 


Transit of ex- r ule 37. No Chinese person who shall satisfy the officer 

GlhpI ClHSSOS. _ 

in charge that he is other than a laborer (although not 
supplied with the certificate provided for by section 6 of 
the act of July 5, 1884), shall be required to comply with 
so much of the provisions of Rules 33, 34, 35, and 36 as 
requires Chinese persons seeking the privilege of transit, 
to submit photographs of themselves, and to be measured. 
If, however, any such Chinese person, after having been 
admitted to pass in transit through the United States, be 
found therein at the expiration of twent}^ days from the 
date of such admission, he shall be deemed to be in the 
United States in violation of law and shall be deported, 
insular terri- Rule 38. In view of the provisions of section 1 of the 

ch n in°ese U rlsr act a PP rove d April 29, 1902, it will be necessary for Chi- 
dents of exempt nese persons of the exempt classes who are citizens, or sub- 

classes. r r # 7 

jects, of the insular territory of the United States to comply 
with the terms of section 6 of the act approved July 5, 
1884, and for this purpose the permission of such persons 
to go from one insular territory to another insular terri¬ 
tory of the U nited States, or from such insular territory 
to the mainland territory of the United States, shall be 
granted by an officer designated for that purpose by the 
chief executives of said insular territories, respectively, 
and the duties imposed by section 6 of the act approved 
July 5, 1884, upon United States diplomatic and consular 
officers in foreign countries in relation to Chinese persons 
of the said classes shall be discharged by the officers in 
charge of the enforcement of the Chinese exclusion acts at 
the ports, respectively, from which any members of such 
excepted classes intend to depart from any insular terri¬ 
tory of the United States: Provided , however , That the 
privilege of transit shall be extended to all Chinese per¬ 
sons other than laborers as provided in Rule 37. 
cep^anceoTcer- Rule 39. A Chinese person presenting an authenticated 
court record. of cop}^ of a judicial finding that he was born in the United 
States must identify himself as the person to whom such 

authenticated copy purports to relate, 
certificates of Rule 40. Certificates of residence issued to Chinese 

residence to be 

tofcenupiffound registered laborers, if found elsewhere than in possession 
in possession of G f persons to whom issued, should be taken up and depos- 

persons to whom 1 7 i ir 

issued. ited with the officer in charge, subject to orders of the 

Department of Commerce and Labor. 
of° residence ^ ULE 41. Chinese laborers duly registered under act 
i 892 d si!fficient. ° f 1892 are not required to register under act of 1893 to 
secure admission to or residence within the United States. 


REGULATIONS GOVERNING ADMISSION OF CHINESE. 


49 


Rule 42. The authority, power, and jurisdiction in certificates of 

, ^ 7 A 7 J residence—offi- 

relation to the registration of Chinese lawfully resident ?o 1 is S f™ powered 
in the United States, formerly vested by law in collectors 
of internal revenue, have been transferred to the Com¬ 
missioner-General of Immigration, Washington, D. C. 

Rule 43. Hereafter an original certificate of residence certificates 

® of residence — 

can be issued to a Chinese laborer only upon the finding S| l oSgi£ais issu ' 

of a justice, judge, or commissioner of a United States 

court that such Chinese laborer was a resident of the 

United States during the period of registration and that 

by reason of accident, sickness, or other unavoidable 

cause, he was then unable to secure such a certificate; 

except under section 4 of the act approved April 29,1902. 

Rule 44. Duplicate certificates of residence will he of C ?esideneV— 
issued only upon satisfactory proof to the Commissioner- ^“duplicate? 11 
General of Immigration that the Chinese person upon 
whose behalf application therefor is made has actually, 
by unavoidable accident, lost his original certificate. 

Rule 45. Officers in charge of the enforcement of the no^l to issued 
Chinese exclusion laws shall not issue any certificate, U ^pro- 
letter, or other document, or any duplicate thereof, other regulations, 
than those provided for by law and these regulations, 
setting forth the status of a Chinese person as a resident 
of this country, or otherwise indorsing such person. 

Rule 46. No Chinese laborer found within the United opporVunfty 8 ^ 
States without the certificate of residence prescribed by law du C e lven t0 pr0 ‘ 
shall be arrested until he has been allowed a reasonable 
opportunity, under the surveillance of the officer charged 
with the enforcement of the law, to produce such certifi¬ 
cate. If he fails to produce such certificate after he has 
been given a reasonable opportunity to do so, he shall be 
taken by such officer before a justice, judge, or commis¬ 
sioner of a United States court in order that a warrant 
may be issued upon the oath of such officer for the commit¬ 
ment and trial of the said Chinese laborer. 

Rule 47. The Comptroller of the Treasury having, on od Ar ^ st ^ r f 1 J 1 g 
April 14, 1905, rendered a decision to the effect that the proper identm- 
expense of photographing Chinese arrested within the 
United States may properly be paid from the appropria¬ 
tion for the “ Enforcement of the Chinese exclusion acts,” 
the practice with respect to the photographing of such 
persons heretofore existing will be modified to the extent 
indicated by the following: 

(a) Every Chinese person whose arrest is caused by an tr p d ^ aph ' sm 
immigration or other official will be photographed imme- 


50 


REGULATIONS GOVERNING ADMISSION OF CHINESE. 


Docket. 


Office record. 


diately upon the consummation of the arrest, the photo¬ 
graph to be prepared in triplicate and not retouched nor 
mounted, one copy to be attached to the United States 
court or commissioner’s docket, one to be furnished the 
officer in charge of the district in which the arrest occurred, 
and the other to be attached (in the event that deportation 
is finally ordered) to the writ of deportation. 

When photo- (]j\ When arrests occur at stations the officers of which 

graphs to be w ^ . , 

mad e brother are supplied with photographers apparatus, the photo¬ 
graphs will be made by such officers; when in other locali¬ 
ties, the immigration officers will have the photographs 
made by local photographers at the least possible expense 
compatible with a proper performance of the work, bills 
therefor to be rendered on the blank vouchers supplied 
for rendering accounts, payable from the appropriation 
u Enforcement of the Chinese exclusion acts.' 1 

(c) The copy of the photograph attached to the docket 
of the court or commissioner should be permanently af¬ 
fixed thereto and in such manner as to render as remote as 
possible the chance of any change or substitution being 
made. 

(d) The copy furnished the officer in charge of the dis¬ 
trict will be placed in his office records, together with a 
short history of the case to which it relates, being tiled in 
such manner as to furnish a comprehensive record that 
can be readily referred to when needed at any future time. 

(e) The copy attached to the writ in case of deportation 
should be affixed permanently thereto, and in such man¬ 
ner as to prevent the substitution of some other photo¬ 
graph therefor (the best method of obtaining this result 
being the impression of the court or commissioner’s seal 
over the edge of such photograph but in such manner as 
to not mar or deface the features represented thereby), 
the objects of its use being to afford a means to the mar¬ 
shal of identifying his prisoner as the person referred to 
in the writ, and to supply the immigration official at the 
port of deportation with a means of identifying the per¬ 
son delivered on board the vessel as the person to whom 
the writ relates. 

(f) Inspectors should request, and will undoubtedly 
receive, the full cooperation of commissioners or judges 
and marshals or deputy marshals, so far as necessary, in 
carrying out the above instructions. 

Rule 48. The Department of Justice, under date of 


Writ of depor¬ 
tation. 


Cooperation. 


Prosecutions— 
United States at¬ 
torneys to assist 
in. 


August 26, 1897, gave the following instructions: 


REGULATIONS GOVERNING ADMISSION OF CHINESE. 


51 


United States attorneys are hereby directed, either in person or by 
their assistants, to appear on behalf of the Government to secure the 
proper enforcement of the law at all hearings held in their respective 
districts, to determine whether Chinese persons or persons of Chinese 
descent who have been arrested under the Chinese exclusion laws 
have a lawful right to remain in this country. 


Hulk 4b. Orders for the deportation of Chinese persons Deportation— 
can be made only by a justice, judge, or commissioner of may be issued, 
a United States court upon his decision that such Chinese 
persons have been found to be unlawfully within the 
United States, and the cost of making any such deporta¬ 
tion is payable from the appropriation for the enforcement 
of the Chinese exclusion laws. 

Rule 50. The appropriation “ Enforcement of the Chi- Deportation— 

1 charges incident 

nese exclusion acts’ should be charged with the following t0 - 
expenses: 


(a) I he cost of maintenance of Chinese persons who are 
taken into custody up to and including the date upon 
which warrant issued by a United States judge or com¬ 
missioner is received by the marshal.® 

(b) The cost of maintenance of Chinese prisoners com¬ 
mencing with the date writ of deportation is first received 
by the marshal, provided the said order of deportation is 
not subsequently reversed upon appeal. 

(c) The cost of deportation, including railroad and 
steamship fares of prisoners and marshal or deputy, au¬ 
thorized expenses for guard hire, and maintenance en 
route. 

Upon receiving writs of deportation marshals should i ns mES on t^ 
at once make written report to the Commissioner-General maiSLis . thtes 
of Immigration, Department of Commerce and Labor, 
Washington, D. C., giving names of the prisoners, where 
confined in jail, and when the period of appeal provided 
by section 13 of the act approved September 13, 1888, will 
expire. Instructions will then be issued as to the route 
to be followed, number of guards to be employed, and to 
whom accounts are to be presented or forwarded for set¬ 
tlement. 

Rule 51. Under theauthoritv conferred by section 7 of Designation 

- 17 and location of 

the act approved February IT, 1903, entitled w ‘An act to officers in charge, 
establish the Department of Commerce and Labor," the 
authority, power, and jurisdiction in relation to the exclu¬ 
sion of Chinese persons and persons of Chinese descent 
heretofore vested by law in collectors of customs have 


«Regarding cost of photographing, see Rule 47. 




52 


REGULATIONS GOVERNING ADMISSION OF CHINESE. 


Inconsistent 
rules rescinded. 


been conferred upon and vested in officers in charge of dis¬ 
tricts as follows, such officers being under the control of 
the Commissioner-General of Immigration: 


Title of officer. 

Location of head¬ 
quarters. 

Extent of districts. 

Commissioner of Immigration... 

Boston, Mass. 

Maine, New Hampshire, 
Massachusetts, Connecti¬ 
cut, Vermont, and Rhode 
Island. 

Chinese Inspector in Charge .... 

New York, N. Y. 

New York. 

Commissioner of Immigration... 

Philadelphia, Pa ... 

Pennsylvania, New Jersey, 
and Delaware. 

Chinese Inspector in Charge .... 

Washington, D. C... 

Maryland, Virginia, West 
Virginia, and District of 
Columbia. 

Chinese Inspector in Charge_ 

Charleston, S. C. 

North Carolina and South 
Carolina. 

Chinese Inspector in Charge .... 

Mobile, Ala. 

Georgia and Alabama. 

Chinese Inspector in Charge .... 

Tampa, Fla. 

Florida. 

Chinese Inspector in Charge .... 

New Orleans, La.... 

Louisiana and Mississippi. 

Chinese Inspector in Charge .... 

Toledo, Ohio. 

Ohio. 

Chinese Inspector in Charge .... 

Chicago, Ill. 

Illinois, Indiana, Kentucky, 
and Tennessee. 

Chinese Inspector in Charge_ 

Detroit, Mich. 

Michigan. 

Chinese Inspector in Charge.... 

Minneapolis, Minn. 

Minnesota and Wisconsin. 

Chinese Inspector in Charge_ 

St. Louis, Mo. 

Missouri, Iowa, and Arkan¬ 
sas. 

Chinese Inspector in Charge.... 

Portal, N. Dak. 

North Dakota and South 
Dakota. 

Chinese Inspector in Charge.... 

Denver, Colo. 

Colorado, Nebraska, Kan¬ 
sas, Indian Territory, and 
Oklahoma. 

Chinese Inspector in Charge.... 

El Paso, Tex. 

Texas. 

Chinese Inspector in Charge.... 

Helena, Mont. 

Montana and Idaho. 

Chinese Inspector in Charge.... 

Salt Lake City, 
Utah. 

Utah, Nevada, and Wyo¬ 
ming. 

Chinese Inspector in Charge.... 

Tucson, Ariz. 

New Mexico and Arizona. 

Chinese Inspector in Charge.. 1. 

Port Townsend, 
Wash. 

Washington (except Su¬ 
mas). 

Chinese Inspector in Charge.... 

Sumas, Wash. 

Sumas, Wash. 

Chinese Inspector in Charge.... 

Portland, Oreg. 

Oregon. 

Commissioner of Immigration... 

San Francisco,Cal.. 

California. 

Chinese Inspector in Charge.... 

Riehford, Vt. 

Riehford, Vt. 

Chinese Inspector in Charge.... 

Ketchikan, Alaska. 

Alaska. 

Commissioner of Immigration... 

San Juan, P. R. 

Porto Rico. 

Chinese Inspector in Charge.... 

Honolulu, Hawaii.. 

Hawaiian Islands. 


Rule 52. All rules and regulations for the enforcement 
of the Chinese exclusion laws inconsistent with these rules 
are, in so far as inconsistent, hereby rescinded. 

F. P. Sargent, 

Commissioner-General of Immigration . 
Approved February 5, 1906. 

V. H. Metcalf, 

Secretary. 


































INDEX. 


Page. 


Accident, delay in procuring certificate of 

residence due to. 15,19,20,41 

Accounts, examination of Department. 28 

Acts of Congress relating to Chinese immi¬ 
gration— 

May 6, 1882, as amended in 1884. 7 

September 13, 1888. 14 

May 5,1892. 18 

February 15, 1893. 22 

November 3, 1893. 22 

December 7,1893. 23 

August 18,1894 . 24 

July 7, 1898. 24 

April 30,1900 . 24 

June 6, 1900. 25 

March 3,1901.*_ 25 

April 29,1902. 26 

February 14, 1903. 28 

February 6, 1905. 30 

March 3, 1905. 30 

Admissible classes of Chinese. 33 

Admission of Chinese, Department regula¬ 
tions governing. 33 

Affirmative proof, applicants for admission 

must furnish. 18 

returning Chinese laborer must furnish. 41 

Agents, appointment of, to enforce laws... 27 

Alaska, immigratipn into. 26 

Angell, J. B., commissioner for the United 

States. 3 

Appeal, additional time for perfecting. 36 

applicant apprised of right to. 34 

finality of decision of Secretary of Com¬ 
merce and Labor on. 24 

habeas corpus proceedings on. 19 

provision for, from deportation order.. 17 

time allowed for perfecting. 35 

two days allowed for filing notice of... 35 

Applicants, private examination accorded 

to. 34 

Arrest, warrant required for. 25 

Arthur, Chester A., signature of. 6 

Articles of the treaty of 1881— 

Article I. Immigration of laborers for¬ 
bidden . 4 

Article II. Exempted classes of immi¬ 
grants . 4 

Article III. Treatment of Chinese sub¬ 
jects in the United States. 4 

Article IV. Legislation and modifica¬ 
tions provided for. 5 

Assets, laborer may return if he has certain. 14 

Authority of State officers in Chinese cases. 13 

Bail, application for writ of habeas corpus 

does not permit of. 19 

pending deportation, Chinese may not 
be released on. 23 


Page. 


Birth, court record evidence of. 48 

Blaine, James G., signature of.. 6 

Bond, laborer in transit must give. 46 

seamen on shore leave must give. 45 

Boston, Chinese may be admitted at port 

of. 16 

Brazil, officers who may issue certificates to 

Chinese subjects of. 44 

Burden of proof, applicant for admission 

must bear. 18 

Cancellation of return certificates. 40 

Certificate, disposition pf suspected. 35 

exempt classes must have. 10 

expenses of deporting laborer with, 

section 6. 13 

See also Section 6, certificates. 10 

immigration officers may disprove state¬ 
ments of. ll 

no laborer may reenter without. 16 

See also Laborer’s return certificate. 

penalties for fraud in use of. 11 

retention of, at ports of entry. 35 

rules for issuing. 44,49 

See also Merchant; Return certificate. 
Certificate of identity, departing laborers 
and domiciled merchants must be 

given. 9,41 

Certificate of residence, Chinese in insular 

possessions must have. 27 

disposition of misplaced. 48 

laborers required to procure.19,20,49 

person not a laborer may procure.20,21 

photograph of laborer must appear on. 23 

procedure for procuring duplicate. 49 

procedure if laborer fails to produce... 49 

See also Resident laborer. 

Charges incident to deportation. 51 

Child, admission of domiciled merchant’s. 44 

laborer may return if he has a resident. 14 

China, officers who may issue section 6 cer¬ 
tificates to subjects of. 44 

Citizenship, Chinese forbidden. 13 

Collectors of internal revenue, no fees for 

registration by. 23 

Colonies. See Insular possessions. 

Commissioners, fees of United States. 25 

names of the treaty. 3 

Commissioner-General of Immigration, ex¬ 
ecution of exclusion law's placed un¬ 
der. 25 

Consular officers, exception in favor of Chi¬ 
nese .. 18 

refusal to admit Chinese must be certi¬ 
fied to Chinese. 34 

Consular vis4, certificates must bear. 11 

Contagious diseases, President authorized 

to guard against. 22 


53 














































































54 


INDEX. 


Page. 


Contiguous foreign territory, visits of mer¬ 
chants to. 42 

Contracting parties to treaty. 3 

Country other than China, deportation to . 18 

Criminals, registration not permitted to ... 21 

Cuba, officers who may issue certificates to 

Chinese subjects of. 45 

Curiosity, no restrictions on travelers for .. 4 


Dates of treaties with China. 3 

Debts, laborer may return if there is due 

him SI,000 in. 14 

Decision, unless appealed immigration offi¬ 
cers will give final. 24 

Definition of term “laborer”. 14,22 

Definition of term “ merchant ”. 22. 

Departing laborers, collector to make in¬ 
ventory of. 8 

Department of Commerce and Labor, act 

establishing the. 28 

Departure, readmission must be at port of. 16 
Deportation, certificates of residence neces¬ 
sary to avoid. 19,20 

Chinese held for, not to be imprisoned. 19 

expense of, by whom borne. 17,30,51 

issuing of order of. 51 

procedure for. 13,17,50,51 

Description of departing and returning la¬ 
borer . 37,40 

Diplomatic officers, law does not apply to.. 13,18 
Disability, certification to delays in return 

caused by. 15,19,20,41 

Disease, President authorized to guard 

against importation of. 22 

District attorneys, duties of. 25,50 

Districts, extent of Chinese immigration .. 52 

Domiciled merchants. See Merchant. 

Dominion of Canada, officers who may issue 

certificate to Chinese subjects of. 44 

Duplicates and stubs, disposition of, to re¬ 
turn certificate. 40 


Entry of Chinese by land. 13 

Evidence for admission, certificate shall be 

sole. 11 

Exceptions for resident laborers and vessels 

in distress. 8 

Exceptions to laws, for men admitted for 

expositions. 27 

Exclusion laws, Commissioner-General of 

Immigration to enforce. 25 

time limit on. 7,18,26 

Executive order of governor of Philippine 

Islands. 31 

Exempted classes, certificates for. 10,20.21 

transit of. 48 

what constitute. 4,18,33 

Exempt from examination, Chinese on 

vessels of foreign navies. 34 

Expenses of deportation, liability for. 13,17,30,35 
Expositions, admission of Chinese to take 

partin. 27 


Fees, collectors of internal revenue not to 
collect, for registration of resident 


laborers. 23 

United States commissioners entitled 
to. 25 


Page. 


Felons, registration denied. 21 

Fines, fraud in uttering certificates pun¬ 
ishable by imprisonment and. 11 

persons who bring laborers into United 

States subject to. 8 

Fish merchants, exemption does not in¬ 
clude. 10,22 

Forms of certificates and notices— 

Instructions in Chinese to return formal 

letter. 44 

Instructions to departing laborer. 39 

Laborer’s return certificate... 38 

Notice of return of domiciled merchant. 43 

Notice to immigration officer of laborer’s 

intention to return. 39 

Notice to merchant to establish status 

before return. 43 

Foreign navies, Chinese on vessels of. 34 

Foreign tax, deportation to China to avoid. 18 

Forgery of certificate, penalty for. 17 

Fraud, certificates procured by.11,17,21 

Germany, officers who may issue certifi- 

cates'to Chinese subjects of. 45 

Guatemala, officers who may issue certifi¬ 
cates to Chinese subjects of. 45 

Habeas corpus, application for writ of. 19 

Hardship to Chinese subjects, provisions 

against. 5 

Hawaii,Chinese immigration laws extended 

to. 24 

officers who may issue certificates to 

Chinese in. 45 

registered laborers in, not permitted to 

enter United States. 24 

United States not open to Chinese from. 24 

Head tax, method of collecting. 29 

Honolulu, Chinese may enter through port 

of. 34 

Hsien Feng, eighth year of, date of first 

treaty. 3 

Hucksters, exemption does not apply to ... 10,22 

Identification, manner of. 8,23,36,41 

Immigration, jurisdiction of Department of 

Commerce and Labor over. 28 

Immigration laws apply to Chinese. 33 

Imprisonment of debarred Chinese, law for. 

declared void. 19 

Infectious diseases, President authorized to 

guard against importation of. 22 

Instructions to departing laborer. 39 

Insular possessions, exclusion laws apply 

to. 26,27 

exclusion laws permit transit in .... 26,27,31 
regulations governing migration of 

Chinese from. 32 

transit from and between. 48 

Investigation, status of laborer subject to 

ad interim. 38 

status of domici 1 ed merchan t subj ect to. 41 

Japan, officers who may issue certificates 

to Chinese in. 45 

Joint resolution of December 7, 1893. 23 

July 7, 1898 . 24 










































































TNDEX. 


55 


Page. 


Kuangshu, sixth year of. immigration 

treaty signed in. 5 

Laborers, ad interim investigation of status 

of . 38 

conditions for transit of. 46 

definition of term. 14,22 

description of departing and returning. 40 

exception in favor of resident. 8 

exclusion of, under laws of 1882 and 1884. 7 

instructions to departing.38,39 

law regulating return of. 14 

limitation and suspension of immigra¬ 
tion of. 4 

notice of intended return of. 39 

procedure for registration of resident.. 49 

readmission of returning. 40 

record of departing and returning. 40 

registration of Hawaiian. 24 

registration of resident. 19,20 

Laborer’s return certificate, evidence on 

which to issue. 36 

form of. 38 

law of. 15 

procedure for procuring. 36 

transfer avoids. 38 

Land, entry of Chinese by. 13 

“Landed,” definition of the term. 34 

Laundrymen, laborer includes the occupa¬ 
tion of. 22 

Law, regulations for enforcement of the... 16-21 

Legislation, treaty provides for. 5 

Letters notifying collector of intended re¬ 
turn of Chinese. See Forms. 

Li Hungtsao, treaty commissioner for 

China. 4 

Limitation, exclusion laws relieved of time. 26 

Macau, officer who may issue certificates 

to Chinese in. 45 

Mainland, definition of the term. 26 

Malone, N. Y., Chinese may enter through 

port of. 34 

Marriage, conditions of laborer’s, entitling 

him to readmission. 14 

Masters, duties of, with regard to deporta¬ 
tion of Chinese. 34 

liability of,for carrying excluded classes 7 

penalty for violations by. 16 

sworn list of passengers to be furnished 

by. 11 

Merchant, ad interim investigation of status 

of domiciled. 42 

admission of wife and children of domi¬ 
ciled. 44 

certificates for. 10 

condition for visits to contiguous for¬ 
eign territory by. 42 

definition of the term. 22 

no restrictions on immigration of. 4 

notice of intended return of domiciled. 48 

proof of status required from returning 

domiciled. 42 

status prior to departure of domiciled.. 41 

testimony required to establish status 
as former. 23 


Page. 

Mexico, officers who may issue certificates 


to Chinese in. 45 

Miners, “laborer” includes. 22 

Modifications, treaty provides for. 5 

Natives of United States not excluded. 33 

Nativity, court record accepted as proof of. 48 

Naturalization, Chinese, forbidden. 13 

New Orleans, Chinese may be admitted at 

Port of. 16 

New York, Chinese may be admitted at 

Port of. 16 

Notice of sailing, masters must give. 34 

Notices relative to return. See Forms. 

Officers before whom deportation proceed¬ 
ings may be brought. 17 

Officers in charge, designation and loca¬ 
tion of. 54 

Office record. 50 

Overtime certificates, consular officers to 

certify to. 41 

Pao Chun, commissioner for China. 4 

Parent, laborer may return if he was a resi¬ 
dent . 44 

Passengers, masters to furnish sworn list of. 11 

Peddlers, class of merchants does not in¬ 
clude. 40,22 

Peking, treaty signed at. 3 

Penalty, laborers brought into United 

States under. 8 ,12 

unlawful landing of Chinese under.... 12 

use of fraudulent certificates under.... 11 

violations not specified under. 14 

violation on part of master under. 16 

Period of exclusion. 7,18,26 

Philippines, administration of immigra¬ 
tion laws in. 30,31 

officers who may issue certificates to 

Chinese in. 45 

Philippine Commission, time for registra¬ 
tion may be extended by the. 28 

Photograph, Chinese laborer’s certificate 

must contain. 37 

laborer in transit must furnish a. 47 

officers authorized to order. 50 

requirement with regard to. 16 

section 6 certificate must contain. 23 

Ponce, Chinese may enter through port of. 34 
Port, departure and readmission must be at 

same. 16 

Portal, N. Dak., Chinese may enter through 

port of. 34 

Portland, admission of Chinese at port of.. 16 

Ports, Chinese may be admitted only 

through certain.16,34,52 

Port Townsend, Chinese may be admitted 

through port of. 16 

Portugal, officers who may issue certificates 

to Chinese subjects of. 45 

Preamble, act of 1882 and 1884. 7 

treaty of 1881. 3 

Privileges, Chinese subjects in United 

States. 4 

Proclamation, treaty made known by. 3 

















































































56 


INDEX 


Page. 


Promissory notes, readmission will not be 
granted on evidence of indebtedness 

shown by. 15 

Proof, Chinese claiming right to be in United 

States must show affirmative. 18,42 

Property, laborer may return if he has cer¬ 
tain . 14 

Quarantine, President may declare a total. 22 

Ratification of treaty. 5 

Railway Company, expense of transporta¬ 
tion to be borne by. 35 

Readmission, port of departure must be 

that of. 16 

returning laborer’s. 40 

Record, applicant’s attorney and Chinese 

consul allowed to examine. 34 

departing and returning laborer’s. 40 

manner of keeping office. 50 

port of entry required to keep certain. 35 
Reentry of laborers, certificates providing 

for. 8 

Registration, fees not collectible for. 23 

jurisdiction over. 49 

laborers in Hawaii must submit to. 24 

one certificate of, sufficient. 48 

procedure for. 49 

resident laborer’s. 19,20 

return to laborers of certificate of. 41 

Regulations, admission of Chinese under 

certain.33-52 

enforcement of immigration laws under 

certain. 27 

power for making.16,21 

Reports, immigration officers to make. 35 

Resident laborer, certificate must contain 

photograph of. 23 

certificates required of, in islands. 27 

exception of. 8 

no fees for registration of. 23 

one registration sufficient for. 48 

registration of.19,20 

Return certificate, cancellation of. 40 

evidence on which to issue. 36 

form of. 38 

persons entitled to. 36 

Returning laborers, readmission of. 40 

Richford, Vt., Chinese may enter through 

port of. 34 

Rules for administering laws for admission 
of Chinese— 

Rule 1. Admissible classes. 33 

Rule 2. Persons constituting admissible 

classes. 33 

Rule 3. General immigration laws ap¬ 
ply to Chinese. 33 

Rule 4. Ports at which Chinese may 

enter. 33 

Rule 5. Chinese applicants must be ex¬ 
amined promptly. 34 

Rule 6. Examination of applicants and 

witnesses. 34 

Rule 7. Legal interpretation of term 

“landed”. 34 

Rule 8. Notice of sailing required. 34 


Rules for administering laws, etc.—Con. Page. 


Rule 9. Expense of deportation to be 
borne by transportation company.... 35 

Rule 10. Reports to be made monthly.. 35 
Rule 11. Certificates to be taken up at 

ports of entry. 35 

Rule 12. Two days allowed for filing no¬ 
tice of appeal. 35 

Rule 13. Time allowed for perfecting 

an appeal., - - - 35 

Rule 14. Additional time for perfecting 

appeal. 36 

Rule 15. Persons entitled to return cer¬ 
tificates. 36 

Rule 16. Evidence on which to issue re¬ 
turn certificates. 36 

Rule 17. Laborer’s return certificate_ 36 

Rule 18. Conditions for readmission 

must remain as on departure. 38 

Rule 19. Ad interim investigation. 38 

Rule 20. Duplicates and stubs of return 

certificates. 40 

Rule 21. Record of departing and re¬ 
turning laborers. 40 

Rule 22. Readmission of returning la¬ 
borers . 40 

Rule 23. Return of registration certifi¬ 
cates. 41 

Rule 24. Consular certificates regard¬ 
ing laborers’ overtime. 41 

Rule 25. Status of domiciled merchants 

prior to departure. 41 

Rule 26. Visits of domiciled merchants 

to contiguous territory. 42 

Rule 27. Returning merchants must 

prove status. 42 

Rule 28. Ad interim investigation of 

status of returning merchant. 42 

Rule 29. Wife and children of domiciled 

merchant. 44 

Rule 30. Officers that may issue certifi¬ 
cates. 44 

Rule 31. Indorsement on section 6 cer¬ 
tificates. 45 

Rule 32. Bond required for Chinese sea¬ 
men on shore leave. 45 

Rule 33. Conditions for transit of la¬ 
borers . 46 

Rule 34. Duties of officers with regard 

to laborers in transit. 47 

Rule 35. Descriptive list of laborers in 

transit. 47 

Rule 36. Cancellation of bond of la¬ 
borer in transit. 47 

Rule 37. Transit of exempt classes. 48 

Rule 38. Administration of laws in in¬ 
sular possessions. 48 

Rule 39. Court record as evidence of na¬ 
tivity . 48 

Rule 40. Certificates of residence not in 

possession of rightful owner. 48 

Rule 41. Registration under one act 

sufficient. 48 

Rule 42. Jurisdiction over registration 

of Chinese. 49 

Rule 43. Procedure of for registration 
of resident Chinese. 49 













































































INDEX. 


57 


Rules for administering laws, etc.—Con. Page. 
Rule 44. Issuing of duplicate certifi¬ 
cates. 49 

Rule 45. Only certificates provided by 

law to be issued. 49 

Rule 46. Time alloAved to produce cer¬ 
tificates. 49 

Rule 47. Procedure after arrest of 

Chinese person. 49 

Rule 48. Duties of United States at¬ 
torneys . 50 

Rule 49. Order of deportation. 51 

Rule 50. Charges and instructions in¬ 
cident to deportation. 51 

Rule 51. Designation and location of 
officers in charge. 61 


Sections of the law regulating the admis¬ 
sion of Chinese— 

Section 1. (Act of 1882-1884.) Period of 


exclusion.. 7 

Section 1. (Act of May 5,1892.) Period 

of exclusion extended*.. 18 

Section 1. (Act of April 29,1902.) Ex¬ 
clusion laws not limited in time. 26 

Section 2. (Act of 1882-1884.) Liabil¬ 
ity of masters of vessels. 8 

Section 2. (Act of May 5, 1892.) De¬ 
portation to country other than 

China. 18 

Section 2. (Act of November 3, 1893.) 

Definition of term “ laborer”. 22 

Section 2. (Act of March 3,1901.) Fees 

of United States Commissioners. 25 

Section 2. (Act of April 29,1902.) Sec¬ 
retary of Commerce and Labor author¬ 
ized to enforce laws. 27 

Section 3. (Act of 1882-1884.) Excep¬ 
tions in favor of resident laborers 

and vessels in distress. 8 

Section 3. (Act of May 5, 1892.) Bur¬ 
den of proof on Chinese. 18 

Section 3. (Act of March 3,1901.) War¬ 
rant for arrest of Chinese. 25 

Section 3. (Act of April 29,1902.) Ad¬ 
mission of Chinese to take part in ex¬ 
positions . 27 

Section 4. (Act of 1882-1884.) Identifi¬ 
cation of laborers departing from 

United States. 8 

Section 4. (Act of May 5, 1892.) Pro¬ 
vision for imprisonment void. 19 

Section 4. (Act of April 29, 1902.) Reg¬ 
istration of Chinese in Philippines.... 27 

Section 5. (Act of May 6, 1882.) Cer- 
ficate for laborer departing by land.. 10 

Section 5. (Act of September 13,1888.) 
Return of laborers prohibited. 14 

Section 5. (Act of May 5, 1892.) Bail 
not allowed on application for writ 

of habeas corpus. 19 

Section 6. (Act of 1882-1884.) Admis¬ 
sion of exempt classes. 10 

consular vis6 necessary on certifi¬ 
cates under. 11 

indorsement on certificates under.. 45 


Sections of law regulating, etc.—Con. Page. 

Section 6 . (Act of 1882-1884.)—Con. 
officers that may issue certificates 

under. 44 

See also Excepted classes. 

Section 6. (Act of September 13, 1888.) 
Conditions on which laborer may re¬ 
turn to United States. 14 

registration of resident laborers.... 19,20 

resident laborers must register. 20 

Section 6 . (Act of May 5, 1892.) Regis¬ 
tration of laborers. 19,20 

photograph must be attached to 

certificate under. 23 

Section 6 . (Act of February 6 , 1905.) 
Administration of immigration laws 

in Philippines. 30 

Section 7. (Act of May 6 , 1882.) Pen¬ 
alties for uttering fraudulent certifi¬ 
cates. 11 

Section 7. (Act of September 13, 1888.) 

Identification of returning laborer... 15 

Section 7. (Act of May 5,1892.) Secre¬ 
tary of Commerce and Labor to pre¬ 
scribe rules for enforcement of law .. 21 

Section 7. (Act of February 15, 1893.) 
President authorized to declare total 

quarantine. 22 

Section 8 . (Act of 1882-1884.) Sworn 

list of passengers by masters .. 11 

Section 8 . (Act of September 13, 1888.) 
Regulations by Secretary of Com¬ 
merce and Labor. 16 

Section 8 . (Act of May 5,1892.) Penalty 

for forgery. 21 

Section 9. (Act of May 6,1882.) Exam¬ 
ination of lists and passengers. 12 

Section 9. (Act of September 13, 1888.) 
Penalty for violation of law by master 

of a vessel. 16 

Section 10. (Act of 1882-1884.) Forfei¬ 
ture of vessel found violating laws... 12 
Section 10. (Act of September 13,1888.) 
Exceptions to law providing penalty 

for masters. 17 

Section 11. (Act of 1882-1884.) Penalty 

for unlawful landing of Chinese. 12 

Section 11. (Act of September 13,1888.) 

Penalty for forgery of certificate. 17 

Section 12. (Act of 1882-1884.) Deporta¬ 
tion procedure. 13 

Section 13. (Act of 1882-1884.) Diplo¬ 
matic officers and household exempt. 13 

Section 13. (Act of September 13,1888.) 

Deportation procedure. 17 

Section 14. (Act of May 6 , 1882.) Nat¬ 
uralization of Chinese prohibited .... 13 

Section 14. (Act of September 13, 1888.) 
Exception in favor of diplomatic of¬ 
ficers . 18 

Section 15. (Act of 1882-1884.) Term 

” laborer ” defined. 14 

Section 16. (Act of 1882-1884.) Penal¬ 
ties for further violations. 14 

Section 17. (Act of 1882-1884.) Act not 

retroactive. 14 

Section 101. (Act of April 30, 1900.) 
Registration of laborers in Hawaii... 24 




















































58 


INDEX 


Page. 


San Diego, Cal., Chinese may enter through 

port of. 34 

San Francisco, admission of Chinese at 

port of. 16 

San Juan, Chinese may enter through port of 34 

Seamen, bond required for Chinese. 45 

Secretary of Commerce and Labor, appeals to 24 

Shuster, W. Morgan, certificates of depart¬ 
ure from Philippines to be issued by. 32 
Sickness, certification for delays in return 

caused by. 41 

delay in procuring certificate of resi¬ 
dence due to. 19,20 

extra time allowed a Chinese laborer 

on account of. 15,41 

. Signatures of commissioners. 5 

Society Islands, officers who may issue cer¬ 
tificates to Chinese in. 45 

State officers, authority of, in deportation 

cases. 13 

Status of merchant must remain unchanged 

during absence. 42 

Steamship company, expense’ of deporta¬ 
tion to be borne by. 35 

Straits Settlements, officers who may issue 

certificates to Chinese in the. 45 

Stubs, disposition of, to return certificates. 40 

Students, no restriction on immigration of. 4 

Subjectsof China, rights in United Statesof. 4 

Sumas, Wash., Chinese may enter through 

port of. 34 

Swift, J. F., commissioner for the United 

States. 3 

Sworn list of passengers, masters to furnish. 11 

penalty for refusing to furnish. 12 

Tampa, Chinese may enter through port of. 34 

Tax, deportation to China to avoid. 18 

method of collecting head. 29 


Page. 


Teachers, immigration of. 4 

Ticket, laborer in transit must have pre¬ 
paid . 46 

Time limitation, exclusion laws relieved of. 26 

Tourists, certificates for. 11 

no restriction on immigration of. 4 

Transit, conditions for laborer’s. 46 

exempt classes in. 48 

insular possessions. 48 

Transportation company, expenses of de¬ 
portation to be borne by. 35 

Travelers, certificates for. 11 

Treatment of Chinese subjects in United 

States. 4 

Treaty of 1880, text of the. 3 

Trescot, W. H., commissioner for the United 

States. 3 

Trinidad, officer who may issue certificates 

to Chinese in. 45 

Tung Chih, seventh year of, year of the 

second treaty with China. 3 

United States attorneys, duties of. 50 

Unlawful landing, penalty for assisting in. 12 

Venezuela, officers who may issue certifi¬ 
cates to Chinese in. 45 

Vessel, exception in favor of, in distress_ 8 

master of, liable for infractions of laws. 7 

violations punishable by forfeiture of.. 12 

Vis6, certificates must have consular. 11 

Warrant for arrest, rules for issuance of... 25 

Wife, admission of, of domiciled merchant. 44 
laborer may return if he has a resident. 14 

Witnesses, examination of. 34 

expenses of aliens detained as. 30 

Wong Wing, decision in case of. 19 

Wright, Luke E., proclamation by. 32 

Writ of deportation, identification by the.. 50 













































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